TPS for Haitians at Last!	January 15, 2010 Printable version
(Miami, January 15, 2009) – The U.S. government made the right decision to grant Temporary Protected Status (TPS) to Haitians who are in the United States without legal status. The move will allow hardworking Haitians to work and drive legally. This will enable them to better support their families here and to send remittances to loved ones in Haiti at a time the support is needed most. “We are thrilled that at long last deserving Haitians will be getting TPS. We have struggled long and hard to achieve justice for Haitians in the United States,” said Cheryl Little, executive director of the Florida Immigrant Advocacy Center (FIAC). “We hope this will provide some comfort to Haitians here who are suffering in the aftermath of the devastating earthquake.” We thank President Obama and Homeland Security Secretary Janet Napolitano for doing what no previous administration has done: grant TPS to Haitians in the wake of catastrophe. TPS will allow some 30,000 Haitians to work legally and send remittances to loved ones in Haiti. These remittances are a vital lifeline, particularly in times of disaster. The money goes directly to Haitians on the island, encouraging them to stay and rebuild their country. In this manner, TPS will discourage Haitians from attempting dangerous sea voyages to get to the United States.
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President Obama: Grant TPS for Haitians Now!	January 13, 2010 Printable version
Contacts:       Cheryl Little: 305-573-1106 x1001, 305-905-2204, clittle@fiacfla.org       Susana Barciela: 305-573-1106 x1710, 305-301-9762, sbarciela@fiacfla.org President Obama: Grant TPS for Haitians Now (Miami, January 13, 2010) – In the wake of yesterday’s devastating earthquake in Haiti, it is more urgent than ever for the U.S. government to grant Temporary Protected Status (TPS) to undocumented Haitians in this country. While the extent of the damage is still being tallied, this clearly is a major catastrophe. We appreciate that Immigration and Customs Enforcement has halted all deportations to Haiti. Now it’s time to provide immigration relief so Haitians here can help Haiti recover from yet another natural disaster. Granting TPS to Haitians here would allow some 30,000 Haitians to work legally and send remittances to loved ones in Haiti. These remittances are a vital lifeline, particularly in times of disaster. The money goes directly to Haitians on the island, encouraging them to stay and rebuild their country. TPS would, thus, discourage Haitians from attempting dangerous sea voyages to get to the United States. “Our heartfelt condolences go out to every Haitian who has suffered a loss,” said Cheryl Little, executive director of the Florida Immigrant Advocacy Center (FIAC). “We ask President Obama to immediately grant TPS as part of U.S. efforts to aid Haiti and Haitians who are suffering. To do less is unacceptable.” Haiti has been hit by multiple natural disasters in recent years. In 2004, floods left more than 5,000 people dead or missing. In 2008, four killer storms left 800 people dead, more than a million homeless and wiped out 15 percent of Haiti’s Gross Domestic Product. Last month, Little and other advocates discussed TPS with high-level officials from the White House Domestic Policy Council, National Security Council and Department of Homeland Security. While the meetings were encouraging, repeated calls for the U.S. government to grant TPS to Haitians have been fruitless. If not now, when? News Conference Tomorrow: What:Discuss renewed calls for Haitian TPS in the aftermath of the earthquake Who: Cheryl Little, FIAC executive director            Edwidge Danticat, celebrated author and winner of a MacArthur Fellow “genius grant”            Randy McGrorty, Catholic Charities Legal Services executive director            Haitian family members When: Thursday, January 14, 2010, 2:00 pm Where: Florida Immigrant Advocacy Center, 3000 Biscayne Blvd., Miami Fla., 33137 –                 First floor conference room
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Lawsuit Wins Detainee Medical Care and Release	December 17, 2009 Printable version
Systemic Problems Persist in ICE Detention
(December 17, 2009) – After seven months in immigration detention, a Haitian woman was provided surgery to remove uterine fibroid tumors and was released from custody following a federal lawsuit on her behalf by the Florida Immigrant Advocacy Center (FIAC). Rosemarie (her last name withheld for privacy) walked out of the Glades County Detention Center on December 11 after Immigration and Customs Enforcement (ICE) agreed to release her and pay $47,500 in damages and attorneys’ fees. In exchange, Rosemarie dropped her suit. ICE also terminated immigration proceedings against her. “Detainees should not have to go to federal court to get desperately needed medical care,” said Cheryl Little, FIAC executive director. “Ailing detainees will continue to suffer until ICE seriously undertakes reforms and puts teeth into its oversight of detention facilities.” When detained by ICE in April, Rosemarie already suffered daily bleeding, pain, and dizziness from fibroid tumors for more than eight months. Medical records provided to ICE documented her condition and indicated surgery was needed since more conservative treatments had all failed. Although Rosemarie made numerous medical complaints – to Glades staff, ICE officers, and even Immigration Judge Hurewitz, detention medical staff trivialized her complaints and provided only palliative remedies such as Tylenol for pain and iron for the loss of blood. When Rosemarie asked for a copy of her medical records, detention staff denied the request, telling her the records were “confidential.” The facility did not even take Rosemarie to see a gynecologist for three months, and then only after Judge Hurewitz notified FIAC of her situation and FIAC intervened on her behalf. FIAC asked Dr. Stephen Symes, from the University of Miami Medical School’s Jay Weiss Center for Social Medicine, to conduct a review of Rosemarie’s medical records. Dr. Symes concluded that without treatment, Rosemarie was being placed “at unnecessary risk of shock and even preventable death.” Provided Dr. Symes assessment, ICE denied two urgent requests for humanitarian release so that Rosemarie could get medical treatment elsewhere. The pattern of indifference continued even after FIAC reported its concerns to ICE Headquarters in Washington, D.C., in July. “This case shows that seriously ill detainees like Rosemarie simply should not be detained pending resolution of their civil, immigration cases,” said Tania Galloni, the FIAC attorney who litigated Rosemarie’s case. Rather than provide treatment, ICE only scheduled Rosemarie for various office visits, without providing doctors her existing medical records, and authorized only repeat diagnostic tests for an already known condition. ICE also denied her access to counsel during medical appointments, despite her limited education and language barriers. This resulted in foreseeable miscommunication and further delay. During the course of her detention, Rosemarie’s symptoms worsened and she suffered two infections. Rosemarie filed suit in federal court on September 11 alleging deliberate indifference to her serious medical need. The defendants named were: ICE Officers, the Glades County Sheriff, and Stacy Britt, Armor Correctional Health Services Administrator. On November 19, U.S. District Judge John E. Steele granted Rosemarie’s motion for a preliminary injunction ordering ICE, Glades and Armor to provide medically recommended treatment to Rosemarie “without further delay.” Judge Steele noted: “It is apparent to this Court that an injunction requiring Defendants to authorize and provide Plaintiff with the appropriate treatment, as opposed to further diagnostic testing and consultations, is necessary to the Plaintiff’s health.” The Court also reaffirmed a previous order granting Rosemarie access to counsel during her medical appointment. Rosemarie finally underwent surgery on December 1, and was released from the hospital days later. She is still recovering but feels much better. This case illustrates that ICE still has far to go to provide detainees basic -- one of several “core principles” noted by Homeland Security Secretary Janet Napolitano and ICE director John Morton in October in announcing plans to reform the detention system . This case also confirms problems documented in FIAC’s recent report: Dying for Decent Care: Bad Medicine in Immigration Custody. Despite the involvement of ICE headquarters, systemic detention failings persist: Detainee medical complaints are not taken seriously. Medical records are improperly withheld from detainees. Medical facilities lack competent staff. An Armor doctor, for example, told Rosemarie that her bleeding was OK “because it’s not like you’re going to have sex” while in detention. ICE denies detainees access to an advocate at their medical exams, even when ICE knows that language or education barriers may further delay care. ICE unreasonably denies worthy requests for humanitarian release on behalf of those who are seriously ill. Rosemarie was detained for more than seven months. The average cost is $141/day per detainee. Had ICE released her when FIAC first requested her humanitarian release, taxpayers would have saved $22,000 as well as the $47,500 settlement and thousands more in medical and legal costs. ICE lacks any apparent medical care coordination, which invites delay, confusion, and unnecessary costs. Contacts: Susana Barciela: 305-573-1106 x1710, 305-301-9762, sbarciela@fiacfla.org Tania Galloni: 305-573-1106, x1080, 561-703-8657 tgalloni@fiacfla.org About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit immigration law firms. Since its founding in 1996, FIAC has handled more than 65,000 cases. This direct service work informs its broader policy work, positioning FIAC as a powerful national advocate for immigrants’ rights and a leader in the immigration field. FIAC influences national policy; successfully litigates or otherwise challenges patterns of abuse; and takes a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is dedicated to protecting and promoting the basic rights of immigrants. ****
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Abused Immigrant Domestic Workers Win in Federal Court	August 10, 2009 Printable version
Susana Barciela
(Miami, August 10, 2009) – Two women brought to the United States to work as nannies won a moral and financial victory in court last Friday when a jury awarded them $125,000 in back wages and other damages. The couple that hired them lost on five counts, including violations of federal labor and trafficking laws. Alejandra Ramos and Maria Onelia Maco Castro were recruited in Peru by Javier Hoyle, an IBM executive, and his wife, Patricia Perales. The couple hired them to care for children. Once they were brought to the United States, the promised $7 per hour for 8 hours a day of work and benefits did not materialize. Not only were the women paid less than minimum wage, but their duties so substantially expanded that they were cooking and cleaning in addition to childcare. They ended up working at the employers' beck and call from 15 to 19 hours a day, six or seven days per week. The Hoyles had the women sleep in a converted closet next to a smelly trash chute in the Key Biscayne residence. They withheld the women’s passports and visas and constantly threatened each with deportation, denunciation and arrest if they tried to escape. Ms. Ramos, who has diabetes, was not paid for five months before she left, sick and distraught, never having received the medical insurance the Hoyles had promised. The jury found that the couple engaged in trafficking, acting with “malice or reckless indifference.” Altogether the jury found violations on five counts: 1) Fair Labor Standards Act wage provisions; 2) Florida Minimum Wage Act; 3) Breach of Contract; 4) Trafficking Victims Protection Reauthorization Act; and 5) Fair Labor Standards Act retaliation provisions. Ms. Ramos and Ms. Maco were represented in the civil lawsuit by the Florida Immigrant Advocacy Center (FIAC) and Erika Deutsch Rotbart of Deutsch Rotbart & Associates, P.A., in Boca Raton, Florida. “Domestic workers often are subjected to false promises and threats of deportation if they object to exploitive work conditions. That’s why it is rare to see these types of cases in court,” said Jennifer Hill, of FIAC’s Workplace Justice Project. “We have our clients to thank for their bravery and persistence in bringing these issues to light.’’ Ms. Rotbart added, “Too often we see situations where immigrants and employees are taken advantage of by employers. It is about time that a domestic worker’s voice is heard. This is a victory for two women who truly deserved their fair day’s pay for a fair day’s work.” Cheryl Little, FIAC executive director, concluded: “Immigrant domestic workers are very vulnerable. They live in other people’s homes, and it’s easy for employers to take advantage of them. We believe this is the tip of the iceberg. There are many like Onelia and Alejandra out there who are invisible.” ****
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Pulitzer Photos Show Haiti's Desperate Need	April 21, 2009 Printable version
Susana Barciela
(Miami, April 21) – Patrick Farrell’s heartrending photographs and richly deserved Pulitzer Prize should put to rest any doubts that Haiti deserves help from the United States. Mr. Farrell, a photographer for The Miami Herald, poignantly documented the destruction wreaked in Haiti by four killer storms last year. Those storms left 800 dead and more than a million people homeless in the aftermath. The resulting 15 percent loss of Haiti’s Gross Domestic Product was the equivalent of up to 15 Hurricane Katrinas hitting Haiti in one month. Mr. Farrell’s photos, indeed, are more powerful than words. They show children killed by flood waters, others wasting away due to malnutrition. They show the destroyed roads and crops, the battered buildings and families. Lamentably, the threat of famine remains real, and conditions have little improved in the areas most affected by the storms. U.S. Secretary of State Hillary Clinton offered encouraging U.S. aid and words at a Haiti donor’s conference and during her visit with Haitian President Rene Preval last week. Granting Temporary Protected Status (TPS) to Haitians in the United States would further improve Haiti’s prospects. TPS would allow some 30,000 Haitians already here to work and continue sending remittances to Haiti. These remittances are a vital lifeline. The money goes directly to Haitians on the island, encouraging Haitians to stay and rebuild their country. “TPS for Haitians will benefit the United States and as much as it will help Haiti,” said FIAC Executive Director Cheryl Little. “It is in the United States’ interest for Haiti to rebuild and stabilize over the long run.” FIAC urges the administration to grant TPS to Haitians and applauds the many Congress members and editorial boards nationwide who support such a grant.
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Sabrina Salomon, FIAC Attorney, Tapped for UM's Iron Arrow	April 2, 2009 Printable version
Five members of the University of Miami (UM) Law School community – UM trustee and Law School alumnus Wayne Chaplin, UM Law Professor Mary Coombs, alumna Sabrina Salomon, and third-year law students Michael Pieciak and Alex Schimel – were inducted into Iron Arrow, the University of Miami’s highest honor and oldest tradition, on April 2, 2009. Founded by UM’s first president, Bowman Foster Ashe, in 1926 only a month after the University opened, the society is steeped in the rituals of the Seminole Indian tribe and honors individuals who best exemplify the five qualities of Iron Arrow: love of alma mater, character, leadership, scholarship, and humility. Members are easily identified by their brightly colored Seminole jackets that are worn at official functions. Chaplin, JD ’82, also a member of the Law School’s Visiting Committee, is president and chief operating officer of Southern Wine and Spirits of America, Inc., a leading national beverage distributor. He co-chaired the Law School’s Momentum Campaign, which raised more than $22 million from 2003 to 2007. Professor Coombs has been a member of the Law School faculty since 1983. She teaches and writes in the areas of torts, family law, transnational family law, and law and medicine. Prior to becoming a faculty member at UM Law, Professor Coombs was in private practice and served as a law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit. Salomon, JD ’03, is an Equal Justice Works fellow and staff attorney at the Florida Immigrant Advocacy Center. She is founder of the NOU KAB Haitian Domestic Violence Project, and is a Creole radio show host who educates the Haitian community about domestic violence and human trafficking issues. Pieciak is editor-in-chief of the University of Miami Law Review and a dean’s fellow in the Academic Achievement Program (AAP). He is also a Law School ambassador and a member of the Charles C. Papy, Jr. Moot Court Board. Additionally, Pieciak is an intern in the Children & Youth Law Clinic (CYLC). Schimel is also a Law School dean’s fellow. He has filled five positions over the past two years, most recently assuming the responsibility for the AAP Exam Workshop where he prepares and facilitates weekly sessions for his fellow law students. He is an intern in the CYLC and a Florida Bar Foundation fellow. Additionally, Schimel was a University of Miami Law Review candidate.
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Juan and Alex Gomez: Dream Act an Investment in America	March 30, 2009 Printable version
(Miami, March 30, 2009) – Juan Gomez was saved from deportation by a grassroots movement in 2007and supports the Dream Act as an investment in talented youth who will significantly give back to their communities and country. Reintroduced in Congress last week, the Dream Act offers a path to legal status for immigrant youths who go to college or serve in the U.S. military for two years. Typically these youths were brought to this country at a young age, have done well in high school and wish to serve their country. Juan Gomez, a Florida Immigrant Advocacy Center (FIAC) client, was brought to the United States by his parents at age 2. He excelled in high school in Miami. After he and his family were detained by immigration authorities and on the verge of deportation, FIAC and Juan’s high-school friends launched a campaign to save Juan and his brother Alex from deportation. The campaign asked Congress to support the Dream Act and led to a private bill that has temporarily allowed Juan and Alex to remain here. “If it hadn’t been for my FIAC lawyers who pursued a private bill on my behalf and my friends who even travelled to Washington, D.C. to call attention to our case, I wouldn’t be here today. I believe I have a real obligation to speak out on behalf of other students whose lives will be destroyed unless the DREAM Act passes.” Alex attends Miami Dade College and hopes to be a fire fighter. Juan attends Georgetown University on an international scholarship and majors in business. He was recently featured in a cover story in the Washington Post’s Sunday Magazine (http://www.washingtonpost.com/wp-dyn/content/story/2009/02/20/ST2009022002446.html?sid=ST2009022002446). This country educated Juan and Alex as well as tens of thousands of other talented students now blocked from going to college or joining the military because they could be deported at any time. These students offer multilingual and multicultural skills that are prized in an increasingly globalized world. “What a waste to throw away their talent and our investment in their education,’’ said FIAC Executive Director Cheryl Little. “Immigrants, education and skill are engines of the U.S. economy.” The Dream Act would ensure that talent is not wasted. Allowed to stay legally, these youths will contribute far more to this country in taxes and military service.
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US: Immigration Detention Neglects Health - Two Studies – on Women and Systemic Abuses – Document Shortcomings and Lack of Accountability	March 19, 2009 Printable version
(Miami, March 17, 2009) – The medical care system in US immigration detention is dangerously inadequate, with unique consequences for women, and improving health care for immigration detainees should be a top priority for the new administration, Human Rights Watch and the Florida Immigrant Advocacy Center (FIAC) said. In two reports released today, Human Rights Watch and FIAC document numerous instances in which Immigration and Customs Enforcement (ICE) botched, delayed or denied medical care, causing suffering and even death. The 78-page Human Rights Watch report, “Detained and Dismissed: Women’s Struggles to Obtain Health Care in United States Immigration Detention,” documents dozens of cases in which the immigration agency’s medical staff either failed to respond at all to health problems of women in detention or responded only after considerable delays. “Women in detention described violations such as shackling pregnant detainees or failing to follow up on signs of breast and cervical cancer, as well as basic affronts to their dignity,” said Meghan Rhoad, researcher in the women’s rights division at Human Rights Watch. “Because immigration detention is the fastest-growing form of incarceration in the United States, these abuses are especially dangerous. They remain largely hidden from public scrutiny or effective oversight.” Women described struggling to obtain potentially life-saving services such as Pap smears to detect cervical cancer, mammograms to check for breast cancer, pre-natal care, counseling for survivors of violence, and even basic supplies such as sanitary pads or breast pumps for nursing mothers. The obstacles to health services included inadequate communication about available services, unexplained delays in treatment, unwarranted denial of services, breaches of confidentiality, and failure to transfer medical records. When women were denied services, complaint mechanisms were ineffective. The 78-page FIAC report, “Dying for Decent Care: Bad Medicine in Immigration Custody,” identifies major problems resulting in poor, and sometimes appalling, response to health problems. These include: a lack of independent oversight to ensure the quality and effectiveness of detainee medical care; delayed and denied care; shortages of qualified staff; improper care of mentally ill patients and physically disabled patients; problems with medication; difficulty gaining access to medical records; a lack of competent, professional interpreters; cruel and abusive behavior by some clinic and detention staff; unsanitary and overcrowded facilities; and the transfer or segregation of detainees in retaliation for medical complaints. “Death rates in detention appear to be worsening,” said Cheryl Little, executive director of FIAC. “ICE needlessly detains people with severe illnesses and those who pose no harm to US communities. Doing so drives up ICE costs even as the agency provides increasingly inadequate medical and mental health care to those in its custody.” The FIAC report is based on interviews, phone conversations and correspondence with detainees, as well as jail and immigration officials. It also includes information from US government materials, newspaper articles and other data. The Human Rights Watch report is based on visits to nine detention centers in Florida, Texas, and Arizona, and interviews with 48 women detained or recently released from immigration detention, detention facility staff and health care providers, immigration officials, immigration attorneys and advocates. Additional research was conducted in the New York and Washington, DC, metropolitan areas. More than 300,000 people were in immigration custody in the last year alone. The majority of immigration detainees are held by state and county jails under agreements with the federal agency. Women constitute roughly 10 percent of the immigration detention population. Immigration law violations are civil, not criminal, infractions; immigration detainees are held in administrative – not punitive – custody. The average stay in custody is 38 days, but some detainees are held for months and even years. Under international standards, detainees are entitled to the same level of medical care as individuals in the community at large. However, the immigration agency’s policy focuses on emergency care. The policy on off-site medical visits allows for non-emergency care only when lack of treatment would “cause deterioration of the detainee’s health or uncontrolled suffering affecting his/her deportation status.” This policy exists alongside a set of detention standards that were recently revised to include more detailed medical care requirements for facilities. The revised detention standards take effect in 2010. “Recent policy revisions by immigration authorities contain important improvements, but much more remains to be done to develop adequate policies, ensure their proper implementation, and open up the detention system to effective oversight,” said Rhoad. “The shortcomings in medical care affect both men and women, but fixing the system will require a special effort to identify and attend to the unique health care needs of women in detention.” Human Rights Watch and FIAC called on the new administration to: • Ensure that those currently detained – including ill, nursing and pregnant individuals as well as asylum seekers and others who shouldn’t be detained – are fairly and quickly considered for parole and alternatives to detention; • Issue federal regulations so that the immigration agency’s detention standards have the force of law, and detained individuals and their advocates have recourse to courts to redress shortfalls in health care; and • Revamp policies limiting access to non-emergency services. To protect the health and rights of women in custody, Human Rights Watch also called on the government to: • Stop detaining women who are suffering the effects of persecution or abuse, or who are pregnant or nursing infants; • Adopt specific standards addressing women’s health services, including reproductive health services; and • Prohibit the shackling of pregnant women. “Only independent, external scrutiny of detainees’ medical care will ensure that the Department of Homeland Security and ICE carry out their moral and legal responsibility to provide for the health and safety of detainees entrusted to their care,” said Susana Barciela, policy director at FIAC. Select accounts from the FIAC report: “At the clinic, I could no longer speak, only cry. A nurse told me she was sorry, but that the doctor had resigned so there was no doctor. I sat in a chair and clutched my stomach. … I thought I was going to die.” – Miguel Bonilla Cardona, who suffered a ruptured appendix at an ICE-contracted county jail in central Florida “Immediately, my body started shaking. I felt so cold that I thought I was freezing to death, but at the same time I was sweating. … Within minutes, I had a seizure and my body began to shake so violently that I fell off the bed onto the floor.” – Zena T. Asfaw, on her near-death experience after being forced to take the wrong medication at a California detention facility Select accounts from the Human Rights Watch report: “I worry about my breast a lot. I told my family, ‘Don’t ask me to [appeal my immigration case].’ I’m not well and I would have to stay without medical care. I don’t know from month to month ... things can get worse in my breast. It’s hurting me. What was I supposed to do, die of cancer here? With adequate care, yes, I would stay until the end. Because 22 years of my life [have been in the US]. My kids are 12 and the United States is all they know. Depression, inadequate food, detention? Yes, still I would have fought it indefinitely.” – Antoinette L., Arizona, May 2008 “I was supposed to be checked [with a Pap smear] every six months. I asked my daughter to send the records. I got it and I brought it to medical so they could see I’m not lying. I have asked a lot of times. … It’s terrible because you feel like you have something you can die for … and you don’t have no assistance.” – Lucia C., New Jersey, May 2008. Lucia C. did not receive a Pap smear in over 16 months in detention. For more information, please contact In Miami, for Human Rights Watch, Meghan Rhoad (English): +1-703-307-0359 (mobile); or rhoadm@hrw.org In Miami, for Human Rights Watch, Marianne Mollmann (English, Spanish, French, Danish): +1-347-244-0090 (mobile); or mollmam@hrw.org In Miami, for FIAC, Cheryl Little (English): +1-305-573-1106; or +1-305-905-2204 (mobile); or clittle@fiacfla.org In Miami, for FIAC, Susana Barciela (English, Spanish): +1-305-573-1106 x1710; or +1-305-301-9762 (mobile); or sbarciela@fiacfla.org
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Sen. Chris Dodd Introduces Private Bill Preventing Scheduled Deportation of Juan and Alex Gomez	March 5, 2009 Printable version
(Miami, March 5, 2009) – The plan of Immigration and Customs Enforcement (ICE) to deport brothers Juan and Alex Gomez to Colombia on March 15th, has been postponed thanks to a private bill filed on their behalf in the U.S. Congress by Senator Christopher Dodd, (D-CT). The filing of the bill, S.517, allows the brothers to remain in this country – where they have resided since Juan was 2 and Alex 3 - for the term of this Congress. “We are hoping that the lifeline this bill provides will be enough time for the Congress to pass the Dream Act,” said Cheryl Little, Executive Director of Florida Immigrant Advocacy Center – the non-profit law firm that represents the Gomez brothers. The Dream Act would offer legal status to students who attend college or enlist in the U.S. military. “It is past time for our nation to take this moral and honorable action,” Little said. “For too long, we have held the threat of deportation over the lives of more than 65,000 young people throughout the U.S. whose only offense was to respect their parents and accompany them in their quest for freedom.” The Gomez family fled Colombia in 1990, seeking political asylum in the U.S. After their request for asylum was denied, the brothers’ parents and grandmother were deported in October 2007. Juan is currently studying finance at Georgetown University in Washington, D.C., and Alex is a student at Miami Dade College. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 70,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights. ****
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Keynote Remarks at 2009 Dinner - Hon. Rosemary Barkett	February 17, 2009 Printable version
Hon. Rosemary Barkett
I CAME TO THIS COUNTRY WHEN I WAS FIVE YEARS OLD. Although I was born in Mexico, my Father and Mother were both born in Syria in 1900 and 1905 and traveled a circuitous route to finally get to America. They grew up in a small agricultural community in Syria. They were married by arrangement when both were in their teens mom at the beginning of them and Dad toward the end of them. They tried to come to America with my uncles in 1921 or 1922 but because my mom was pregnant they had to wait. When they tried for a visa a few months later, the quota from Syria had been filled that year and they had to wait until the following year– They didn't want to wait - I guess that’s where my impatience comes from- and thinking it would be easier to enter from a closer country, they left Syria with their two young children, crossed Europe, reached Marseille, found a ship bound for Mexico and arrived there somewhere in the mid 1920's when they themselves were only in their 20's. Upon arrival, they were again told they had to wait this time it was even harder for they were in a country where they had little money, no family knew no people except for other immigrants could not speak the language nor were familiar with the customs of the country. But they survived. My father made a living as a peddler - buying goods in the town and carrying them on his back into the mountains (entertaining us when we were little with many stories of his adventures escaping from bandidos by the use of his wits and learning to become a crack shot with a pistol in the process - so he said). They saved and saved and opened a small dry goods store which grew to provide for their then large family. By the time I was born in 1939 they were making an excellent living. But they still wanted to come to America, and finally, after World War 2, after 20 years in Mexico, where my sisters and I were born and partially raised they brought us to the U.S. in 1946. Once again they gave up a life they had come to know - country, family, friends -- to find a new country - a new culture - a new language - and struggled all over again to provide an education for their children and grandchildren. They were immigrants twice.... I look around my family now to see the fruits of their achievement in partnership with this land of opportunity. I watched my sisters and brothers and and nieces and nephews and cousins become doctors and lawyers and judges and businessmen and women - caring citizens of the new world. So, you would think that it is because I am an immigrant that I have a unique affinity for FIAC and its work. Actually, one would think that all of those who have gone thru the immigrant experience would have a greater empathy for all immigrants and the work that FIAC does. Alas, human nature tells us that is not always the case. There is the human tendency that makes us- when we have arrived at our destination -- sometimes forget the journey, and those still traveling behind us — the tendency so aptly caught by the metaphor of “pulling the ladder up behind us”, once we have reached the prize -- which we may secretly fear diluting if it is shared with others. Hopefully, I am not one of those and my own experiences have indeed served to fuel my affinity and love for the people of FIAC. But that affinity and that love does not ONLY derive from an emotional response as a result of my background. It derives MUCH MORE from an emotional and intellectual response, not to being an immigrant, but to being an American. Being an American also carries a most powerful emotional component. But the beauty of America - the attraction of America - the promise of America is in its ideals - and that requires an intellectual understanding and more - a commitment to participate in its grand experiment. It is the ideals of America that draw people here in droves - not simply economic opportunity - but the opportunity to participate in a very unique experiment - one that really runs counter to our lesser human instincts. We all know about our lesser instincts - all of us have seen in some measure the basis of so many cliches: - “to the victor belong the spoils” - or “ the survival of the fittest”. We see these cliches being played out in many communities today. But for a moment in time, America was different - a people did gather together into a community and then a country: - the fittest did gain power; - but for once, - they used their heads and their hearts and not their greed, - and created a plan for a government that quite uniquely - in that time and place in history- proclaimed that its very purpose for being was to establish justice! Our founders acknowledged in writing the “self-evident” proposition that “certain” fundamental and “unalienable” rights are standard issue to all, not upon their citizenship, - but upon their creation. “We the People” made crystal clear that we were establishing our Constitution and government specifically to “establish Justice” and “secure the Blessings of Liberty to ourselves and our Posterity.” A posterity that would welcome all who believed in its principles. And we meant it; future generations kept repeating these ideals. I love that the theme used for your programs is Jim Morin’s cartoon featuring the Statute of Liberty and her promises faced by a Haitian immigrant saying “give us your word”. I have often spoken of how I felt when my cultural background intersected with my intellectual embracement of America’s ideals while attending a a judicial seminar at NYU. I would start my morning run at the dorm and end up at the Brooklyn Bridge where I could see Ellis Island and the statue of liberty. It was an exhilerating way to start the day because I would look at the statue and think of the great cases we were discussing that sometimes brought to life for actual people the words of our Constitution and concepts of equality in our Declaration of Independence. It was impossible not to be moved in very different and specific way by the realization that the promise on the inscription at the base of the statute was being being fulfilled daily - the inscription which so poetically rejects any notion that this is a land only for the privileged or the few. We see encapsulated in the beautiful poem by Emma Lazarus inscribed on the base of the statue of Liberty, the counter-intuitive principles by which we have pledged to live. Unlike others, we were not looking to get – we were looking to give. This country and its ideals were truly different. We were not seeking those who could give us riches - we were seeking to GIVE to others the freedoms and protections we had found. I cannot say it any better than she did. Let me read you all of her words - (with tiny edits). The inscription reads: The New Colossus We are) Not like the brazen giant of Greek fame, with conquering limbs astride from land to land; (conquering all) Here, at our sea washed sunset gates shall stand a mighty woman with a torch whose flame is imprisoned lightning, and her name (is) Mother of Exiles. From her beacon hand glows world wide welcome; her mild eyes command the air bridged harbor that twin cities frame. "(YOU), ancient lands (you) keep your storied pomp!" cries she with silent lips. "Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tost to me, I lift my lamp (for them) beside the golden door!" These are the ideals that this country was built upon and which will, if pursued, continue to be the best place for growing into our personal better and idealistic selves. But, unfortunately, there is another side to our collective nature - the weaker side - the scared side - the greedy side... the side that constantly tries to sabotage the ideals of our founding fathers... We are not always thoughtful; We are not always brave; We are not always good. Our weakness sometimes makes us forget our history and the open arms of the Mother of Exiles and instead lets our immigration policies too often be based on unadulterated racism. Prior to 1882, there was open immigration into the United States. The very first restriction on immigration into the United States was the Chinese Exclusion Act of 1882. It was supported and advanced by entities like the “Supreme Order of Caucasians,” whose primary focus was to run the Chinese out of the United States for no other reason than that they were Chinese. It passed - notwithstanding the efforts of the anti slavery/ Republican Senator George Frisbie Hoar of Massachusetts who described the Act as "nothing less than the legalization of racial discrimination”. Next followed the Immigration Act of 1917, which implemented literacy tests for immigrants, the Quota Act of 1921 and the National Origins Act of 1924, which implemented quotas by national origin. These measures resulted from the fears of the "older immigrants" from Protestant western Europe who were threatened by the rising tide of immigrants from the more Catholic southern and eastern European countries as well as immigrants from Asia. Thus, we limited immigrants from certain countries, favoring immigration from northwestern Europe and prevented many eastern Europeans from immigrating to the United States during World War II, a time when they sorely needed refuge. These policies were finally repealed by the passage of the Immigration and Nationality Act of 1965, which set up a system of immigration preferences and abolished quotas by national origin. We were again trying.... President Lyndon B. Johnson acknowledged both our ideals and our reality at the Signing of the Bill saying that, “it repair[ed] a very deep and painful flaw in the fabric of American justice. It corrects a cruel and enduring wrong in the conduct of the American Nation.” He acknowledged that, “for over four decades the immigration policy of the United States has been twisted and has been distorted by the harsh injustice of the national origins quota system” under which “families were kept apart because a husband or a wife or a child had been born in the wrong place.” (Sounds like Yogi Berra’s deja vu all over again.”) BUT we seem to keep forgetting, as Yogi would say, all over again... Despite the fact that between 1870 and 1900, nearly twelve million people immigrated to this country, primarily from Germany, Ireland, and England, and some forty million since, there has always been tension between those who arrived in America sooner and those who arrived later. Why should that be so? Surely intelligent minds can see beyond the effort to suggest that immigration is the major cause of our economic woes and healthcare costs. Surely intelligent minds will realize the effect of other factors which might have some impact on our economic woes - like wartime spending or entrenched political and corporate interests and stop using this excuse as a proxy for unexpressed and unwarranted discrimination. Surely, we can see that much of what we have is due to pure dumb luck. Any one of us could have been born in Rwanda or Sudan or still be toiling or oppressed in some other place where we would rather not have been. Surely we can see that we certainly have no moral entitlement to our citizenship in this country and can only count ourselves lucky to have been born here or to have obtained citizenship at one point or another. If we truly believe that all persons (not just Americans) are created equal and have the same right to seek happiness and the same right to the opportunitiy to succeed, we must be obligated to share our riches. Novelist Thomas Wolfe said, "Go seeker, if you will throughout the land and you will find us burning in the night. To every man his chance. To every man regardless of his birth his shining golden opportunity. To every man the right to live, to work, to be himself, and to become whatever thing his energy and his vision can combine to make him. This, seeker, is the promise of America." People come here wanting only that opportunity. That desire deserves our respect. Even for those who come illegally. Surely, they do not warrant the opprobrium heaped upon them. Their crossing of our borders is hardly an immoral act - actually, it is not even a crime but rather a civil infraction. Yes, there are legal consequences which must be imposed - but why do so many of us want to impose them with the outrage usually reserved for murderers or child molestors or rapists. What used to be called the Immigration and Naturalization Service has been reorganized. It is now U.S. Immigration and Customs Enforcement. What used to be a bureau for immigration to the US is now the law enforcement agency designed to keep people out. It could not be clearer that the U.S. does not want anyone's "huddled masses," - "tempest tossed," or otherwise no matter what they yearn for. What happened to America - what happened to the “world wide welcome” of the lady with her outstretched guiding light? Why have so many of us been so insistent on cutting off the ladder behind us? Why can’t we intelligently address the failed immigration policies of the last 15 years? Why? In the recent movie “The International” - a character says “I want the truth!” The other says: “The truth means responsibility,” to which the first responds: “Exactly, that’s why everybody dreads it.” It takes work to ferret out the truth and to face it. And once we know it, it takes more work to bear the responsibility for it and it takes even more work to act upon it. I want to return to our ideals. I want us to develop a new and fair immigration policy that reflects our rhetoric and our very history. I want to reduce our fears and focus on our nation’s unique need for immigrants because that is what has defined our energy and our character. Notwithstanding the “birth defect” as someone has called it, in our Constitution’s treatment of African Americans, in no other country could a Barack Obama, with his diverse background, have become President this early in its history. Our entire country was built on immigration patterns and the list of some of the most brilliant contributors to our society would be, and continue to be, derived from the rolls of immigrants. President Johnson said it best when he said that, "Our beautiful America was built by a nation of strangers. From a hundred different places or more they have poured forth into an empty land, joining and blending in one mighty and irresistible tide. The land flourished because it was fed from so many sources because it was nourished by so many cultures and traditions and peoples.” It is the differences in cultures and peoples that sustain us and preserve the very ideals which sprang from those differences. We should not stem the flow; -- we cannot stem the flow and still remain true to ourselves. In Jim Morin’s cartoon, his representative immigrant says - “Give us your Word.” We already gave our word - we just have to keep it. END NOTES The New Colossus - (unedited) Not like the brazen giant of Greek fame, with conquering limbs astride from land to land; Here at our sea washed, sunset gates shall stand a mighty woman with a torch whose flame is imprisoned lightning, and her name Mother of Exiles. From her beacon hand glows world wide welcome; her mild eyes command the air bridged harbor that twin cities frame. "Keep ancient lands your storied pomp!" cries she with silent lips. "Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tost to me, I lift my lamp beside the golden door!" Emma Lazarus (1849 1887) -
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Secretary Napolitano: Grant Haitians a Stay of Deportation	January 26, 2009 Printable version
(Miami, Jan. 26, 2009) – As immigrant advocates see a growing number of Haitians deported, the Florida Immigrant Advocacy Center (FIAC) urged new Homeland Security Secretary Janet Napolitano to immediately stay the inhumane deportations and to seriously consider granting Temporary Protected Status (TPS) for Haitians already in the United States. In a letter to Secretary Napolitano, FIAC executive director Cheryl Little wrote: “While resuming deportations to Haiti was not a regulatory action, it was a DHS policy reversal that we believe is not in keeping with the Obama administrations’ values of fairness, transparency or human rights.” Immigration and Customs Enforcement (ICE) abruptly resumed deportations to Haiti in early December 2008 after having stopped them in September in the wake of four devastating storms and hurricanes. Former DHS Secretary Michael Chertoff also denied the Haitian government’s request for a stay of deportations through TPS on December 19, 2008. The FIAC letter also notes that Louiness Petit-Frere, 31, was deported on Friday, January 23. Here 10 years with no criminal history, he leaves his U.S.-citizen wife behind along with his mother and four siblings, all of whom have legal status. Mr. Petit-Frere was detained by ICE at the Citizenship and Immigration Services interview while he and his U.S.-citizen wife were in the process of legalizing his status. In fact, his wife’s petition on his behalf (the I-130) had been approved. One of his brothers U.S. Marine Sgt Nikenson Peirreloui, served and was injured in Iraq. Sgt Peirreloui said, “I don’t think it’s right to deport him after he was doing the right thing in trying to legalize.’’ About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights. FIAC’s Annual Awards Dinner is taking place on February 17, 2009. It will feature keynote speaker Hon. Rosemary Barkett, U.S. Circuit Court, United States Court of Appeals. **** The letter to Janet Napolitano follows - January 26, 2009 The Honorable Janet Napolitano Secretary, Department of Homeland Security 2001 Independence Avenue, SW Washington, DC 20201 Fax: 202-282-8401 RE: Haitian Deportations and Temporary Protected Status Dear Secretary Napolitano, Congratulations on your new appointment. We understand that yours is a tough job. There are pressing issues to address as you begin to reshape DHS in the values of the new administration. In that spirit, we bring an urgent concern to your attention: The former administration’s late-term decisions to resume deportations to Haiti and to deny the Haitian government’s request for a stay of those deportations through Temporary Protected Status (TPS). We ask that you stay the deportations while you consider reversing the former DHS secretary’s denial of TPS on Dec. 19, 2008. Continuing these deportations hampers Haiti’s recovery from devastating storms last summer while increasing the misery in Haiti and in Haitian-American communities here. Given Haiti’s current conditions, deportees will face hunger, homelessness and unemployment – and some could die because of the recent Bush administration decisions. Immigration and Customs Enforcement (ICE) abruptly resumed deportations to Haiti in early December 2008 without public notice or explanation. Former DHS Secretary Michael Chertoff denied TPS in a letter to Haitian President René Préval on December 19, 2008. ICE had stayed deportations to Haiti on September 19, 2008, following strikes there by four tropical storms and hurricanes in August and early September 2008. We were heartened by President Obama’s quick move to suspend regulatory changes initiated in the waning days of the last administration. While resuming deportations to Haiti was not a regulatory action, it was a DHS policy reversal that we believe is not in keeping with the Obama administration’s values of fairness, transparency or human rights. The agency abruptly resumed deportations in December. The storms killed 800 and have left tens of thousands of people homeless, living in shelters, on roofs and in mud-filled homes. Flooding wiped out livestock and most of the food crops, deepening already desperate hunger among more than 2 million Haitians. The four storms destroyed 15 percent of Haiti’s fragile economy, the equivalent of eight to 10 Hurricane Katrinas hitting the United States in one month. As The Miami Herald reported recently, “The gloomy prognosis is widespread [in Haiti] and comes amid a global financial meltdown that has largely detracted world attention from the storms' devastation, the worst humanitarian disaster to hit Haiti in 100 years.’’ Haiti’s government is overwhelmed. Sending deportees who will need food and shelter only adds to Haiti’s misery and the government’s burden. Haitian President René Préval said as much last October in Miami, and TPS exists exactly for such natural calamities. “Haiti will no longer be able to receive the deported individuals that the United States sends us on a regular basis,'' President Préval said. “This is the occasion for the United States administration to put in place for Haitians the benefit of TPS, the Temporary Protected Status, that has already been granted to other countries in the region, such as El Salvador, Honduras and Nicaragua.'' The United States typically grants TPS when foreign governments cannot handle the return of their nationals due to “ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions.” Six countries currently are designated for TPS. For example, the U.S. government granted TPS for nationals of El Salvador, Honduras and Nicaragua due to Hurricane Mitch in 1999 and severe earthquakes in El Salvador in 2001. In extending the period of TPS for those nationals in September 2008, DHS said “those countries are still recovering from the devastating effects of natural disasters” – a decade later. Imagine now the devastation in Haiti, the hemisphere’s poorest country, only four months after the last of four killer storms. It is mind-boggling that under the previous administration ICE resumed deportations “based on the circumstances in Haiti.” If anything, the prospects for Haiti’s recovery are worse today than four months ago when ICE properly stayed the deportations in Hurricane Ike’s wake. It is mind-boggling that former Secretary Chertoff could conclude that Haiti did not “currently warrant a TPS designation,’’ with no further explanation. If not now for Haiti, when? Some U.S. officials have argued that stopping deportations for Haiti would encourage a Haitian exodus. That old saw doesn’t cut. When Haitians were granted a stay of deportation during the Clinton administration, no mass migration to U.S. shores materialized. Nor were there signs of frenzied boat building or Haitians fleeing when deportations were stayed recently. TPS would only be available to Haitians already here on the date it is granted, not to new arrivals. So TPS would not encourage more Haitians to come. On the contrary, TPS would help Haiti recover. Haitians in the United States could obtain work permits and would increase the already significant flow of remittances to their homeland. Haitians who receive that aid are more likely to stay and rebuild Haiti. Many depend on those remittances for their very survival. That flow of dollars is among the best foreign aid that the United States can provide, and it costs taxpayers nothing. For years, Haiti has been deserving of TPS. Too often the country has been wracked by political violence and natural disasters. Yet the U.S. government has not granted TPS. We do not raise concerns about racism lightly. Nonetheless, we are hard pressed to find any logical reason for the Bush administration’s policy reversal on deportations to Haiti. Beyond policy issues, lives are on the line. Haitian families will have to decide whether to subject U.S. citizen spouses and children to Haiti’s disastrous conditions or to leave them behind and be torn apart. Louiness Petit-Frere (A- 77 004 720), 31, for example, was deported last Friday, January 23. Here 10 years, he had no criminal history. Yet he was detained at the Citizenship and Immigration Services (CIS) interview while he and his U.S.-citizen wife were in the process of legalizing his status. In fact, his wife’s petition on his behalf (the I-130) had been approved. His mother and four siblings all live in the United States legally. One brother, U.S. Marine Sgt Nikenson Peirreloui, served and was injured in Iraq. Sgt Peirreloui said, “I do not think it’s right to deport him after he was doing the right thing in trying to legalize.’’ In September President Obama, then a Senator, issued a statement. “The Haitian-American community is doing its part by supporting family and friends in Haiti in their time of need,” he said. “Now the United States government and the international community must intensify relief efforts to bring food, water and shelter to the storm victims.” Haiti still needs our help. We urge you to immediately stay the inhumane deportations to Haiti and to seriously consider granting TPS for Haitians here. Not only will this speed Haiti’s recovery, but it is in the best interest of the United States. Attached is additional information for your review. Sincerely, Cheryl Little Executive Director Florida Immigrant Advocacy Center cc: Senate Majority Leader Harry Reid Senate Judiciary Committee Chairman Patrick Leahy Senator Edward Kennedy Senator Bill Nelson Senator Mel Martinez House Speaker Nancy Pelosi House Judiciary Committee Chairman John Conyers, Jr. Congressional Black Caucus Chairwoman Barbara Lee House Immigration Subcommittee Chairwoman Zoe Lofgren Representative Sheila Jackson Lee Representative Corrine Brown Representative Alan Grayson Representative Bill Posey Representative Tom Rooney Representative Kendrick B. Meek Representative Ileana Ros-Lehtinen Representative Robert Wexler Representative Debbie Wasserman Schultz Representative Lincoln Diaz-Balart Representative Ron J. Klein Representative Alcee L. Hastings Representative Suzanne Kosmas Representative Mario Diaz-Balart White House Political Director Patrick Gaspard White House Intergovernmental Affairs Director Cecilia Muñoz
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Do Not Deport to Haiti	December 9, 2008 Printable version
Susana Barciela & Cheryl Little
(Miami, Dec. 9, 2008) – It is supremely inhumane and damaging to Haiti for Immigration and Customs Enforcement to resume deportations to Haiti while it still struggles to recover from devastating natural disasters. Haiti has yet to begin healing from the devastation wreaked by four hurricanes and tropical storms last August and September. Flooding, hunger, and homelessness are still a problem. Children are dying of malnutrition. Sending deportees who will not find jobs or shelter only impedes recovery efforts and increases the misery for all Haiti. Cheryl Little, Florida Immigrant Advocacy Center’s executive director, denounced the deportations: “How can this nation in good conscience send children and families to face the terrible conditions that exist in Haiti? Where will they live? How will they eat? What will happen to a child who gets sick? People could die because of this decision.” ICE said the decision was made to resume deportations “based on the circumstances in Haiti.” Yet, as The Miami Herald noted, little has improved in Haiti except the roads have been cleared. Tens of thousands of people remain homeless, areas are still flooded, and food is in short supply. Instead of resuming deportations, the U.S. government should formally stop deportations until Haiti gets back on its feet. Given the catastrophic aftermath of recent storms, the United States should grant Temporary Protected Status. Haitians already in the United States would be able to work legally and send money to relatives on the island. This would speed Haiti’s recovery and provide direct aid to families on the island. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights. FIAC’s Annual Awards Dinner is taking place on February 17, 2009. It will feature keynote speaker Hon. Rosemary Barkett, U.S. Circuit Court, United States Court of Appeals.
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Haitians Deserve and Urgently Need Temporary Protected Status	December 9, 2008 Printable version
Cheryl Little & Susana Barciela
• Haiti was struck by four hurricanes and tropical storms in less than one month: Fay, Gustav, Hanna and Ike. The entire country has been affected: hundreds are reported dead, 600,000 houses have been damaged and more than 3 million persons affected, according to the most recent United Nations report. The storms have wiped out most of the food crops and millions face the specter of acute hunger. Meanwhile, malaria and other diseases are spreading. Eight key bridges collapsed during the storms and roads have turned into lakes. According to the United Nations’ special envoy to Haiti, both the UN mission and the Haitian government have been overwhelmed by the scale of the disasters. • More than 300,000 are homeless in the city of Gonaives alone. Gonaives has been virtually cut off by Hanna’s floodwaters. Other cities have been isolated and are only accessible by air. (Over 3,000 people died in Gonaive following tropical storm Jeanne in September of 2004). • Haiti was on the brink of famine that sparked deadly riots before the last two storms. Since then, many of Haiti’s fledging agricultural crops were destroyed by floods and mudslides and the infrastructure completely overwhelmed.       • As of September 5, 2008, over 54,000 Haitians were living in emergency shelters and countless numbers were going without food and water. According to the U.S. Agency for International Development, even before the hurricanes, an estimated 2.3 million Haitians had “fallen into food insecurity.” The prices for staple foods increased over 40% since January 2008, and more again since the storms. • Earlier in November, a school collapse killed 91 students and teachers and injured 162 people. Five days later, another Port-au-Prince school partially collapsed. The causes of the disasters are not clear. The same month, Doctors Without Borders reported 26 children had died of malnutrition in a remote region. • Travel warnings issued by the U.S. Department of State in April 30, 2008 remain in effect, advising Americans to defer non-essential travel to Haiti until further notice due to political and economic conditions that precipitated civil unrest. • Temporary Protected Status (TPS) is the least expensive, most immediate form of humanitarian assistance we can provide Haiti. It allows the Haitian government to invest all of its internal resources in the rebuilding and redevelopment of its struggling economy. TPS will also enable Haitians already in the U.S. to continue sending remittances to their loved ones in Haiti, whose very survival could depend on this support. • In 2006, Haitians in the U.S. sent $1.65 billion in remittances to Haiti. No other group in the world sends money home in a higher percentage than Haitians living abroad. • TPS may be granted when there is ongoing armed conflict that poses a serious threat to public safety; it is requested by a foreign state that cannot handle the return of its nationals due to environmental disaster; or when extraordinary and temporary conditions exist which prevent foreign nationals from returning. • Haitians have been deserving of TPS over the years, given the political turmoil in Haiti, the devastation caused by natural disasters and the country’s inability to effectively respond in a timely fashion. Yet Haitians have never been granted TPS. Conversely, TPS has been granted to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, El Salvador and Guatemala due to political unrest in those countries. TPS was granted to Hondurans and Nicaraguans after Hurricane Mitch in 1998 and to Salvadorans after an earthquake in 2001. On October 1, 2008, TPS was extended for Nicaraguans, Hondurans, and El Salvadorans. • There is a misperception that TPS is never temporary. This is simply false. According to USCIS, TPS has been granted and then terminated for the following countries: Angola, Lebanon, Bosnia and Herzegovina, Liberia, El Salvador (early 1990’s), Montserrat, Guinea-Bissau, Rwanda, Kosovo Province (Federal Republic of Yugoslavia), Sierra Leone, Kuwait, and Burundi. All three Administrations that have invoked TPS have also terminated TPS status. • The Deputy Assistant Secretary for the Bureau of Western Hemisphere Affairs recently told members of Congress that there are concerns that granting TPS to Haitians would “encourage people to depart.” This argument is not only faulty—permitting Haitians already in the U.S. to send remittances to their families in Haiti will likely prevent them from fleeing—but it constitutes a double standard. Most important, Haitian nationals were granted Deferred Enforced Departure (DED) in 1997 by President Clinton, and there was no mass migration of Haitians to the United States. Haitians not already in the U.S. would not be eligible for TPS—there is a clear cut-off date. • TPS will permit Haitians presently in the U.S. to reside here with work permits for 18 months. Haitians with two or more misdemeanors or one felony could still be deported. • It is estimated that only about 20,000 Haitians would qualify for TPS, a significantly smaller number than for other groups already granted TPS. • Haiti is only 600 miles from our shores. Granting Haitians TPS will not only spare Haitians living in the United States from being returned to a country where they could well face starvation and homelessness and further burden a government on the brink of disaster, but will permit the beneficiaries of TPS to continue to support their loved ones in Haiti. • Canada has had a moratorium on Haiti deportations for some time, in recognition of Haiti’s fragile political and economic situation. Its time for the United States to recognize that Haitians are clearly deserving of TPS and to grant this relief immediately. To do less is not only inhumane but some would argue is racist. Call for TPS for Haitians today! Write or call President Bush and DHS Secretary Chertoff: George W. Bush President of the United States The White House Washington, DC 20500 Phone: 202-456-1111 Fax: 202-456-2461 comments@whitehouse.gov Michael Chertoff Secretary, Department of Homeland Security 2001 Independence Avenue, SW Washington, DC 20201 Phone: 202-282-8000 Fax: 202-282-8401
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Immigration Priorities for the New Administration	November 24, 2008 Printable version
Reforming the nation’s broken immigration system was not a major presidential campaign topic, but such reform is imperative for the nation’s economy and well-being. Hispanic Americans, many of them newly naturalized, singled the importance at the ballot box. Disappointed with Washington’s failure to address immigration concerns, Hispanics voted for Barack Obama in unprecedented numbers. Across the country, Americans elected congressional candidates who supported sensible immigration fixes and overwhelmingly rejected enforcement-only candidates. Sensible immigration reforms are not for Hispanics only – they are crucial to boosting the U.S. economy and improving national security. “The Department of Homeland Security would have more resources to target real terrorists and threats if it didn’t spend so much on ineffective border fences and jailing immigrants who pose no danger to U.S. communities,” said Cheryl Little, executive director of the Florida Immigration Advocacy Center. “The ultimate solution is comprehensive reform of our dysfunctional immigration system.’’ Following are the priorities that the Florida Immigrant Advocacy Center recommends for the administration of President-Elect Obama: • Prevent damage to the economy by rescinding the Department of Homeland Security’s “no-match’’ rule. The rule would use the Social Security Administration’s error-ridden database to track down unauthorized workers – ensuring that millions of legitimate employees will be fired in the process. There couldn’t be a worse time to fire workers and fine employers who have viable businesses. • By all means, go after unscrupulous employers who exploit workers of all stripes. But stop immigration raids that hurt local economies and legal workers when the economy needs their productivity the most. • Appoint a DHS Secretary who will reform immigration services and enforcement. Asylum seekers and immigrants who pose no threat should not be detained or treated as criminals at U.S. taxpayer expense. Immigrants who apply for citizenship shouldn’t have to wait for years to be naturalized. • Officially suspend deportations to Haiti. Given the catastrophic aftermath of recent storms, Haitians clearly should be granted Temporary Protected Status. Haitians already in the United States would be able to work legally and send remittances to relatives on the island – one of the best forms of foreign aid that the United States could provide. • Press Congress to quickly approve sensible reforms that already have widespread support. Among these are the Dream Act and AgJOBS bill, both of which would legalize immigrants who promise to invest their talents and keep jobs in the United States. The Dream Act would provide a path to legal status for youths who go to college or serve in the U.S. military. AgJOBS would provide the legal labor that U.S. farmers need to viably grow crops here. • Press Congress to enact comprehensive immigration reform. A great majority of Americans agree: It’s not feasible or desirable to deport some 12 million unauthorized immigrants now in the country. Sensible reforms should include a program that would quickly bring those immigrants out of the shadows, allow them to work legally, and have them pay taxes. This alone would strengthen the economy and national security. A flexible system for basing immigration-visa levels on the nation’s demands would also improve U.S. economic performance. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights. About FIAC Executive Director Cheryl Little Ms. Little is being presented with the prestigious 2008 Morris Dees Justice Award (www.morrisdeesaward.com) on November 20 in New York City. The national award is given annually to a lawyer who has devoted his or her career to serving the public interest and pursuing justice, and whose work has brought about positive change in the community, state, or nation. Ms. Little is being recognized for her dedication to upholding the rights of immigrants throughout her professional career of more than two decades. Earlier this month she also was recognized with the Lawyers in Leadership Award by the Center for Ethics and Public Service at the University of Miami Law School. Ms. Little is one of the nation’s leading advocates for Haitian refugees and other immigrants. FIAC’s Annual Awards Dinner is taking place on February 17, 2009. It will feature keynote speaker Hon. Rosemary Barkett, U.S. Circuit Court, United States Court of Appeals.
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Immigrant Rights Advocate Wins 2008 Morris Dees Justice Award	September 25, 2008 Printable version
FOR IMMEDIATE RELEASE September 25, 2008       Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates and The University of Alabama School of Law announced today that Cheryl Little, Esq., of Miami, has been awarded the 2008 Morris Dees Justice Award. The award will be presented in New York on November 20, 2008.             New York, NY – Today Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates and The University of Alabama School of Law announced that Cheryl Little, Executive Director of the Florida Immigrant Advocacy Center (FIAC), a not-for-profit legal assistance organization in Miami, has been awarded the 2008 Morris Dees Justice Award.       Morris Dees will present the award during a reception at Skadden, Arps’ offices in New York on November 20, 2008.       The Morris Dees Justice Award was created in 2006 by Skadden, Arps and The University of Alabama School of Law to honor Dees, an Alabama graduate, for his life-long devotion to public service. The award is given annually to a lawyer who has devoted his or her career to serving the public interest and pursuing justice, and whose work has brought about positive change in the community, state, or nation. The first award recipient, in 2006, was United States District Judge William Wayne Justice, of the Eastern District of Texas. Last year’s winner was Arthur N. Read, General Counsel for Friends of Farmworkers, Inc., based in Philadelphia.       The Selection Committee recognized Ms. Little, who is considered one of the country’s leading experts on immigration law, for her dedication to upholding the rights of immigrants throughout her professional career, which spans more than two decades.       Ms. Little’s nomination for the Morris Dees Justice Award was submitted by Rev. Dr. Greta S. Reed and was subsequently joined by letters of support from a host of colleagues, legal organizations, and admirers. The breadth of backing on behalf of Ms. Little extended well beyond the legal sector and represented a diverse cross-section of ardent professional and personal endorsements.       As Rev. Dr. Reed noted in her nomination of Ms. Little, “My sense of despair – especially over the plight of Haitian refugees – gave way to hope, because someone named Cheryl Little, whom I have never met, worked tirelessly and with passion and intelligence to stand with and for the most powerless and desperate people imaginable. The Morris Dees Justice Award has been established to honor someone just like Cheryl Little.”       After graduating from law school with honors in 1985, Little became counsel for the Haitian Refugee Center. She co-founded the Florida Immigrant Advocacy Center in 1996 and currently serves as the agency’s Executive Director.       In 12 years under her leadership, FIAC has grown from 10 employees with a budget of $400,000 to 49 employees in three offices with a budget in excess of $4 million.       Little and her staff have taken the lead in monitoring conditions of Immigration Customs Enforcement (ICE) detention. She has documented serious concerns regarding the physical and sexual abuse of detainees at Miami’s Krome Detention Center, which led to two FBI and high-level Department of Justice investigations. Dozens of detainees were released and several officers who sexually abused female detainees were convicted.       Furthermore, Little was instrumental in calling attention to complaints that immigrant detainees at Florida’s Jackson County Jail were shackled to concrete slabs, beaten with batons, and shocked with electric shock shields. All of the detainees were removed from the jail, and the Justice Department issued a scathing report confirming these concerns.       ICE officials, both locally and nationally, have sought input from Ms. Little regarding detention issues. The senior counsel for INS’ Office of Field Operations, Detention, and Deportation, said, “Cheryl Little has her fingers on the pulse of the people we have in detention…She is the key to our success. My goal is to know about detention problems before Cheryl calls me.”       Ms. Little is regularly called on to testify about the plight of immigrants before assemblies such as the Organization of American States InterAmerican Commission on Human Rights, the U.S. Commission on Civil Rights, and the U.S. House and Senate Immigration Subcommittees.       She has been featured in award winning documentaries including Jonathan Demme’s “Killing the Dream,” “Black and White in Exile,” “They Call Us Boat People,” and “Abandoned: The Betrayal of America’s Immigrants.”       National television shows have sought out Ms. Little’s expertise, and she has discussed immigration issues on 60 Minutes, Nightline, The McNeil-Lehrer Report, PBS’s News Hour with Jim Lehrer, Frontline, The Today Show, The Oprah Winfrey Show, and CNN.       For her dedication and successes on behalf of Haitian refugees, the government of Haiti made her an honorary citizen in May 2002.       Ms. Little, the 2008 Morris Dees Justice Award winner, was selected by a distinguished committee: ·      Julian Bond, Chairman of the Board, NAACP ·      Professor Norman Dorsen, New York University School of Law ·      Professor Bryan Fair, The University of Alabama School of Law ·      Kathryn O. Greenberg, Founder, New York Legal Assistance Group ·      Judge William Wayne Justice, 2006 Dees Award Winner ·      Helen B. Kim, Partner, Katten Muchin Rosenman LLP ·      Susan Butler Plum, Director, Skadden Fellowship Program ·      Dean Kenneth C. Randall, The University of Alabama School of Law ·      Robert C. Sheehan, Executive Partner, Skadden, Arps ·      Marsha E. Simms, Partner, Weil, Gotshal, & Manges LLP ·      Tari D. Williams, The University of Alabama School of Law ·      Vaughn C. Williams, Partner, Skadden, Arps       A sculpture to commemorate the award was created by Jillian Crochet, a University of Alabama art student. Crochet won the competition to design the award.       Dees is the Co-Founder and Chief Trial Counsel for the Southern Poverty Law Center in Montgomery, Alabama. The Center is internationally known for tracking hate groups and extremist activity, conducting tolerance training education and winning cases against white supremacists. Dees is a 1960 graduate of The University of Alabama School of Law.       More information about the award is available at www.morrisdeesaward.com.       ###
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Stop Deportations to Devastated Haiti	September 19, 2008 Printable version
(Miami, September 19, 2008) – The Florida Immigrant Advocacy Center (FIAC) and other advocates of the Haitian community are alarmed that Immigration and Customs Enforcement (ICE) has been deporting Haitians in the aftermath of Hurricane Ike. Michael Rozos, ICE’s head of detention and removal in Florida, confirmed Haitian deportations have been “business as usual’’ in a message yesterday. Today ICE suspended scheduled deportations. A one day suspension is not enough. ICE deportations continue as Haiti is reeling from Hurricane Ike and three preceding hurricanes that have left death, devastation and hunger in their wake. Hurricane Ike struck the island on September 6. Yet we have reports that deportations have taken place since then even though the Haitian consulate in Miami has not been issuing the required travel documents. Haitians with ankle bracelets -- which ICE places on people under its supervision – have been ordered by ICE to go to the consulate to obtain a passport. Some Haitians have been compelled to buy airline tickets to Haiti by ICE’s implicit threat to detain them otherwise. “It is unconscionable to deport people back to Haiti when they will have little chance to find food or shelter,’’ said Cheryl Little, Florida Immigrant Advocacy Center’s executive director. “ The United States should not add to Haiti’s burden by sending more destitute people. Let Haitians stay and provide direct aid to Haiti through their remittances.’’ South Florida’s congressional delegation supports a suspension of deportation to Haiti. Among the delegation members are U.S. Sens. Mel Martinez and Bill Nelson and U.S. Reps. Lincoln and Mario Diaz-Balart, Alcee Hastings, Kendrick Meek, Ileana Ros-Lehtinen, Debbie Wasserman Schultz and Robert Wexler. They have been working with local advocates all week to make the case to officials at the White House, Department of Homeland Security, and Immigration and Customs Enforcement. FIAC is most grateful for their quick and tireless efforts. We are hopeful that policymakers will make the right decision to suspend deportations to Haiti given the current ruinous conditions. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights.
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Human Traffickers Brought to Justice	September 9, 2008 Printable version
Victimizers to pay penalties for their crimes against FIAC clients as a result of cooperative efforts of law enforcement and non-profit advocates Miami, Sept. 9, 2008 – Justice prevailed against human traffickers through guilty pleas and sentencing in two important cases. The cases were brought to successful conclusions through the cooperation of many local and federal law enforcement agencies, and non-profit agencies such as Florida Immigrant Advocacy Center (FIAC) that provided critical services to the victims. In one case, six members of an Immokalee family plead guilty to charges of enslavement and forced labor of Mexican and Guatemalan farm workers. The defendants paid workers minimal wages and the workers were driven into indebtedness to the family. The defendants held the workers captive and threatened physical harm if they tried to leave their employment before the debt was paid off. Brothers Cesar and Geovanni Navarrete are facing sentences of up to 35 and 25 years respectively, Jose Navarrete faces up to 37 years in prison. Villhina Navarrete, Ismael Navarrete and Antonio Vargas will be in prison between 10 to 25 years. The second case saw Juan Luis Cadena-Sosa plead guilty to federal civil rights violations for conspiring to smuggle Mexican women and girls into the United States and forcing them into prostitution. Cadena-Sosa was sentenced to 15 years in prison and ordered to pay $964,175 is restitution to his victims. In a case of delayed justice, Cadena-Sosa was originally indicted, along with 14 other defendants, in 1998. He was a fugitive in Mexico until his extradition in November 2007. Many of the victims in these cases are represented by Florida Immigrant Advocacy Center. FIAC attorneys ensure that the victims’ immigration status is protected and that they have access to medical and social services to assist with their recovery from these crimes. These services renew a sense of security and trust with the victims that is vital in their ability to aid law enforcement in achieving successful prosecutions like these.
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ICE Agent Sentenced for Rape of Detainee	July 10, 2008 Printable version
Cheryl Little
Federal Investigation Prompted by Victim’s Immigration Attorney Miami, July 10, 2008 – Former Immigration and Customs Enforcement (ICE) officer Wilfredo Vazquez, 35, of Tamarac, was sentenced today to 87 months in prison as a result of his guilty plea to two counts of sexual assault on a Jamaican woman in his custody. In a letter to the judge, the victim, M.C. (name withheld to protect the victim’s privacy), expressed her gratitude that part of the nightmare that ensued from the attack had been relieved by the sentencing. “I am grateful for my attorneys at FIAC who brought my case to the U.S. Attorney,” said M.C. “Without them, Wilfredo Vazquez would still be free to abuse other women who might be put under his control by ICE.” In passing the sentence, Judge William Dimitrouleas stated that he took into account Vazquez’s military service, including a year in Iraq. He added, however, that the horrific nature of the crime, and the message it sends to other Immigration detainees about the system of justice Vazquez had sworn to uphold, also guided his decision. The Judge also noted that the evidence against Vazquez was overwhelming and, if the case had gone to trial, he would most likely have received a much harsher sentence. A pre-sentencing report recommended a sentence of up to 14 years. “We’re pleased with the court’s decision,” said Cheryl Little, one of M.C.’s attorneys and Executive Director of Florida Immigrant Advocacy Center. “But we are especially grateful that, in seeing justice done, our client was spared the insult and trauma of a trial where she would have been forced to relive the most horrendous experience of her life. “Equally important to M.C. is the hope that ICE will finally take steps to prevent this type of abuse from ever happening again,” Little continued. “Given the history, male officers should never have sole custody of a female detainee – especially in an uncontrolled environment like transport between facilities.” Little’s extensive experience and knowledge of the treatment of detainees in ICE custody has been called upon in testimony before the National Prison Rape Elimination Commission. She has subsequently been keenly involved with the Commission in drafting recommended standards to prevent and respond to sexual assault in immigration detention facilities. Among the standards being developed: o Enhanced protection must be provided for detainees particularly vulnerable to sexual abuse. o Detention staff training must be specialized, sensitive to the nature of the abuse, and culturally appropriate to the population. o Detainees must be appropriately notified of the agency’s zero-tolerance policy on abuse. o Detainees must be informed of how to access legal advocacy services. o Victims must not be transferred from the facility or deported until the investigation is complete, unless at the victim’s request. o ICE must establish objective criteria for releasing a victim or witness when it is in the best interest of their safety. o ICE must collect and retain appropriate data on the crime when the victim is a detainee in custody. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agencies providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is nationally recognized as a powerful advocate for immigrants’ rights. ****
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Another Immigrant Dies in ICE Custody	July 7, 2008 Printable version
Cheryl Little
Family and Advocates Demand Investigation News Conference DATE: Tuesday, July 8, 2008 TIME: 2:00 PM PLACE: Jacques Dessalines Center            8325 NE 2nd Avenue WHO: Family, Lawyers, Community Leaders Miami, FL – Twenty-three year old Haitian Valery Joseph was pronounced dead on June 20, 2008 at the Glades County Detention Center. On July 8, Mr. Joseph should have celebrated his 24th birthday - instead, his family and community leaders will mark the occasion at a press conference where they will demand an investigation into his untimely death. According to Immigration and Customs Enforcement (ICE), more than 70 immigrants have died in their custody since 2004. “Lack of access to adequate medical care is among detainees’ chief complaint,” said Cheryl Little, Executive Director of Florida Immigrant Advocacy Center. “DHS officials have not kept pace with the exploding ICE population, and there is little oversight or accountability. The ICE detention system is designed to fail detainees like Valery Joseph.” Jean Robert Lafortune, head of the Haitian Grassroots Coalition, adds, “We express a deep concern about the sudden death of Valery Joseph. It seems ICE detainee access to medical care is a systemic problem, and we are working with members of Congress to ensure a full investigation into Mr. Joseph’s death.” FIAC represents Mr. Joseph’s family and has requested his medical records. Recently, the lack of access to medical care by detainees has gained the attention of Congress. Two recent Congressional hearings have highlighted serious deficiencies in medical care and deaths in ICE custody. Little testified before Congress in October 2007 about ICE detainees’ lack of access to adequate medical care. (Testimony Before the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Committee on the Judiciary: “Detention and Removal: Immigration Detainee Medical Care”). In June 2008, Congress introduced a bill that would require ICE to provide medical care that complies with national and international standards and that all deaths in detention be reported to Congress and the public (HB 5059, “The Detainee Basic Medical Care Act of 2008”). The Department of Homeland Security’s Office of the Inspector General released a report on deaths in ICE custody just ten days after Mr. Joseph’s death. ###
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FIAC Client Released by ICE	July 3, 2008 Printable version
Cheryl Little
Release of ICE Detainee May Signal Improved Medical Care by Agency Detained U.S. resident released after 15 months without proper care for cancer and other serious ills Miami, July 3, 2008 – After 15 months in federal detention, Yong Sun Harvill, a legal U.S. resident, was freed today by Immigration and Customs Enforcement (ICE). Her release comes as the result of an equally long legal effort to obtain proper medical care for her life threatening conditions, which include cancer and Hepatitis C. Mrs. Harvill’s release followed the filing of a federal lawsuit by Mrs. Harvill’s attorneys at Florida Immigrant Advocacy Center (FIAC) and the law firm Steptoe & Johnson, LLP of Phoenix, Arizona. The Washington Post ran a front page story about Mrs. Harvill’s case on May 12, 2008. Cheryl Little, FIAC’s Executive Director, said "Mrs. Harvill suffers from a rare and severe set of medical conditions and we're very grateful that ICE is releasing her. We're hopeful ICE will work to improve access to medical care for other detainees." FIAC has represented dozens of detainees in urgent need of medical care, and produced numerous reports documenting the serious deficiency of medical care provided those in ICE custody. FIAC’s work over the past decade in calling attention to this important issue led to Executive Director Cheryl Little’s most recent testimony to Congress in October 2007 - http://fiacfla.org/actionitems.php. A follow-up hearing was held on June 4, 2008, in conjunction with the Congress’ consideration of HB 5059 “The Detainee Basic Medical Care Act of 2008.” The legislation requires ICE to provide medical care that complies with national and international standards and requires that all deaths in detention be reported to Congress and the public. Florida Immigrant Advocacy Center is one of the nation’s largest non-profit agencies providing immigrant legal services. FIAC was a primary source for The Washington Post 4-day series (May 11-14, 2008) on abusive and neglectful treatment of detainees in ICE custody. Three FIAC clients were featured in the series, including Mrs. Harvill. 60 Minutes produced a collaborative piece on the series (broadcast May 11, 2008), utilizing information from FIAC and interviews with client Edwidge Danticat. FIAC’s latest report on conditions faced by detainees in ICE custody is scheduled for release this summer. ****
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Commission Honors Outstanding Women - FIAC Board Secretary, Jane Herron, Among The Honored	June 6, 2008 Printable version
Tallahassee, FL (June 4, 2008) — The Florida Commission on the Status of Women will honor Rosie Andre, Micheline Louis Charles, Jane J. Herron, Tania Lopez, Sandra Merritt, and Venghan (Winnie) Tang with a FCSW Florida Achievement Award for their work in improving the lives of women and families in their communities. They will receive recognition in a special afternoon ceremony during the second quarterly meeting of the Commission on Saturday, June 7, 2008, 2:00 p.m. – 3:00 p.m. at the Law Offices of Gunster Yoakley, PA in West Palm Beach, Florida. In addition to the Achievement Award from the Commission, each will receive a congratulatory letter from Governor Charlie Crist. “The Florida Commission on the Status of Women is dedicated to empowering women in achieving their fullest potential, and to recognizing women’s accomplishments,” said Claudia Kirk Barto, Commission Chair. “We are proud to honor these outstanding women for their tremendous achievements and dedicated service.” The Commission will meet to conduct business on Saturday, June 7, 2008, 9:00 a.m. to 1:00 p.m., at the Law Offices of Gunster Yoakley, 777 South Flagler Drive, Suite 500 East, West Palm Beach, FL. The meeting is open to the public and all interested parties are encouraged to attend. The Florida Commission on the Status of Women is a nonpartisan board, statutorily created in 1991 consisting of 22 appointed members, administratively housed in the Office of the Attorney General, Bill McCollum. The Commission is dedicated to empowering women in achieving their fullest potential, to eliminating barriers to that achievement, and to recognizing women’s accomplishments. Additional information on the Commission is available from its web site at http://www.fcsw.net. -End- FCSW FLORIDA ACHIEVEMENT AWARD BIOGRAPHIES Rosie Andre is a compassionate leader and mentor who seldom hesitates to lend a helping hand. She serves on many committees and has sponsored clubs to create awareness on tolerance and acceptance of other ethnicities. While volunteering countless hours to the well-being of many in Homestead and Florida City, Ms. Andre has motivated parents and youth to change negative views about both life and education. For example, one of her students has recently received a full scholarship to the University of Miami. Ms. Andre is respected by many in her community for transcending her call of duty to helping others. Micheline Louis Charles is an Officer of the SEIU Healthcare Florida and is the highest ranking Haitian labor leader in Florida and the Southeast. A longtime activist for the immigrant workers in Florida, she is the President of Unite for Dignity for Immigrant Workers Rights, Inc., (UFD). Their mission is to help develop the leadership ability of immigrant workers so they have the tools and the confidence to lead the various struggles in their communities. She has raised five children who are now successful professionals working in the United States, and is also a proud grandmother of six. Ms. Charles was awarded an honorary degree from Miami Dade College at the end of April. Jane J. Herron is a tireless and energetic volunteer for Boystown of Florida, Florida Immigrant Advocacy Center (FIAC), and the United Way of Miami-Dade. Because of Ms. Herron’s dedication, the immigrant children sheltered at Boystown have a greatly enhanced educational atmosphere and creative outlets for their emotions, alleviating the depression of being held in a foreign country. Ms. Herron has truly been an inspiration and leader for all citizens of the state of Florida. Tania Lopez serves at the South Florida Care Resource Network as a speaker on HIV/AIDS prevention and awareness. Ms. Lopez has impacted the lives of many in the homeless shelter and has deeply changed many perspectives of active relations with other persons. She not only teaches others, but she shares from her personal experience with her husband and the affect on others around him. Ms. Lopez is a living testament and a priceless investment in the lives of others. Sandra Merritt is a devoted leader who has dedicated countless hours to serving her community. With joint voluntary efforts of various organizations throughout the years, she has unselfishly given of her time to all underprivileged guests, regardless of culture or race. In a variety of ways, Ms. Merritt is a treasure and true steward of the gift of charity while carrying out her mission in life – the empowerment of men and women, families, and those who are less fortunate by dispensing food, and providing shelter and clothing. Venghan (Winnie) Tang is a community advocate and helps many to become citizens through ongoing Citizenship drives in the Asian community. Throughout the years, she has organized job fairs and workshops in various areas such as legal, welfare, health, education, and civil rights. Working closely and effectively with minority community and mainstream media, she also works tirelessly to organize programs which include the annual Chinese New Year Festivals, Asian Pacific American Heritage Month celebration, Miss Florida Asia. “Ms. Tang continues to be a potent force for good” and continues to make a significant contributions to her local community.
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Would-Be Voters File Class Action Over Citizenship Delays	June 5, 2008 Printable version
With a presidential election just months away, ten (10) lawful permanent residents from South Florida filed a class action lawsuit in federal court challenging extraordinary delays in adjudicating citizenship applications. Plaintiffs are longtime, tax-paying members of the community who ask nothing more than for an end to the delays so they may finally swear allegiance to this country and exercise the right to vote. Plaintiffs include nationals of Russia, Cuba, Panama, Guyana, Morocco, Pakistan and Bangladesh. Oksana Weaver, a Russian national, works as an academic advisor for a local university. Ms. Weaver’s parents, husband and son are all U.S. citizens; however, she has been waiting for more than 3 years for a decision her application. Luciano Horna, a Panamian national, has worked as a commercial pilot for more than 30 years. His wife and children are U.S. citizens; however, he has been waiting for more than 2 years for a decision his application. Mercedes Gomez, a Cuban national, has also been waiting more than 2 years for a decision on her application. While she waits for her citizenship to be approved, Ms. Gomez, a disabled, single mother, does not qualify for certain public benefits her family desperately needs. Raheel Rangoonwala, a Pakistani national, has been waiting more than 4½ years for a decision on his case. While he waits, he must endure a prolonged separation from his wife, who remains in Pakistan. All are anxious to vote in the upcoming election. Federal law requires a decision within 120 days of the naturalization interview, but the named Plaintiffs have been waiting nearly 2-4 years for a decision since passing the citizenship interview. The lawsuit is on behalf of all applicants for naturalization residing in South Florida who meet all statutory criteria for citizenship, but have not received a decision for more than 120 days since the interview. Plaintiffs challenge the continuing delays caused by USCIS and FBI as a result of “name checks” that USCIS now requires for citizenship applicants. The “name checks” were rashly implemented in 2002 without providing notice or comment to the public, and are not required or authorized by law. In 2006 and 2007, the USCIS Ombudsman acknowledged that these FBI name checks are not required because of any threat or risk perceived by the FBI, and that “name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.” In April, USCIS and FBI announced a joint plan to eliminate these delays within months. However, in South Florida the delays persist. There are likely hundreds, if not thousands, of similarly delayed applicants throughout South Florida.
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FIAC Board of Directors Elects Officers	May 29, 2008 Printable version
Board Officers Elected Will Direct One of Nation’s Largest Non-Profit Immigration Legal Services Organization May 29, 2008 - Florida Immigrant Advocacy Center (FIAC), one of the nation’s largest non-profit agency providing immigration legal services, announced the election of officers for its Board of Directors for the coming 2008-09 term:      President          -     Mr. Carl Goldfarb, Esq.      Vice President -     Mr. John de Leon, Esq.      Treasurer       -     Ms. Nancy Audain Allen      Secretary       -     Ms. Jane Herron The officers were elected at the Annual Meeting of the Board of Directors. Carl Goldfarb is a partner with the law firm Boies, Schiller & Flexner LLP, and has been a member of the Board since 2000. John de Leon is an attorney and principal with the firm Chavez & de Leon PA, he has been a member of the Board since 2006. Nancy Audain Allen is President of the Women’s Business Development Center and has been a member of the Board since 2001. Jane Herron is a community activist and philanthropist and has been a member of the Board since 2005. About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit agency providing immigration legal services. FIAC is dedicated to protecting and promoting the basic rights of immigrants of all nationalities. Since its founding in 1996, FIAC’s multilingual and multicultural staff has closed more than 60,000 cases. FIAC has influenced national policies; successfully litigated or otherwise challenged patterns of abuse; and taken a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC’s 48 member staff provides services at offices in Miami, Fort Pierce and Homestead. The organization is recognized nationally as a powerful advocate for immigrants’ rights and as a leader in the immigration field. ****
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Former Ice Officer Pleads Guilty	April 3, 2008 Printable version
Prosecutors Recommend 87 Month Sentence Earlier today former ICE officer Wilfredo Vazquez pleaded guilty to knowingly engaging in a sexual act with FIAC’s client, MC, who was in ICE custody at the time, and to knowingly threatening her and placing her in fear. Vasquez took MC to his home on September 21, 2007 and was charged with raping her after picking her up at Krome to transport her to the Broward Transitional Center (BTC). Vasquez was arrested in mid- November of last year and was denied bond. His trial was scheduled to begin on March 31st. He repeatedly denied having sex with MC when interviewed by government agents. After learning about the plea deal, MC told FIAC that she’s very grateful to the U.S. Attorney’s Office and DHS investigators. She told Cheryl Little, FIAC’s Executive Director, “This has been such a dreadful experience. At first I just wanted to give up and go home. I didn’t want to think about what happened to me and I was scared the Officer would try to hurt me. I was also worried about what all this would do to my family. But I decided to testify during the trial because I wanted to make sure this officer is punished and won’t be able to rape and hurt anyone else.” “Justice has finally been served,” said Cheryl Little. “Hopefully this will send a message to other officers that they will be held accountable for their actions. Women in immigration custody are particularly vulnerable to this kind of abuse. We fear that far too often women who are sexually abused by officers are transferred to remote facilities or deported and cannot complain.” Kelleen Corrigan, a FIAC attorney who is assisting MC to apply for a U Visa said, “I know of no one more deserving of a U Visa. I have witnessed the extent of her suffering because of the rape and there were times when she could barely communicate with me because she was so traumatized.” U visas are given to victims of severe crimes who have been helpful in a criminal investigation.
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Muslim Citizenship Applicants in Legal Limbo	February 21, 2008 Printable version
On February 19, fourteen (14) legal permanent residents from Tampa and Orlando filed a lawsuit in federal court in Orlando challenging the unusually lengthy delays in adjudicating their naturalization applications. Eleven (11) green card holders filed similar federal lawsuits in Miami in December. Although federal law requires a decision within 120 days of the naturalization interview, these Plaintiffs have been waiting for more than a year – and some more than two, three or even four years – since successfully completing the citizenship interview. Some Plaintiffs obtained residency after winning asylum; others are the only non-citizens in their households. Without citizenship, many of these plaintiffs are separated from family members abroad, and all are unable to vote in the upcoming Presidential election. “These lawfully residing Muslim applicants have done all that’s been asked of them,” Cheryl Little, director of Florida Immigrant Advocacy Center (FIAC) said. “They’ve followed all of this country’s rules to achieve the most prized of benefits – U.S. citizenship, yet they remain in legal limbo.” Altaf Ali, Miami director of the Council on American-Islamic Relations added, “The delay in obtaining their citizenship has made many in the Muslim community feel stigmatized, targeted and isolated.” Although these Plaintiffs have been law-abiding members of their communities for years, they have been told that their applications are delayed due to background or “name checks” required for all applicants by Citizenship and Immigration Services (CIS). The CIS Ombudsman has acknowledged, however, that FBI name checks are not needed because of any threat or risk perceived by the FBI, and that “name checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.” Plaintiff Arshad Mahmood, a real estate agent residing in North Miami Beach, applied for citizenship in 2002 and has waited more than five years for an answer in his case. Meanwhile, Mr. Mahmood has been separated from his wife and daughter, who reside in Pakistan. Mr. Mahmood tried every avenue for help, including writing to his Congressman and Senators, and even to President Bush. In January 2008, after our lawsuit was filed on his behalf, Mr. Mahmood finally received word that he has been scheduled to take his citizenship oath in March. “This delayed citizenship process almost destroyed my marriage,” Mahmood told his attorneys. “While I am waiting in U S A for my oath, my wife and daughter are waiting overseas.”
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Denounce Draconian Detention Provisions in Senate Immigration Bill	May 21, 2007 Printable version
Immigrant families in Florida with no criminal histories who pose no threat to our national security are being detained in record numbers. More than 18,000 immigrants have been arrested nationwide since last year, pursuant to ICE’s “Operation Return to Sender.” One in ten were arrested in Florida. The impact on Florida families has been devastating. Babies have literally been pulled out of their mothers arms and children hastily left with unrelated caregivers or placed in foster care as parents are taken into custody. Recent government reports have confirmed that conditions of confinement are frequently harsh and punitive and federal standards of detention, designed to ensure detainees’ safe and humane treatment, are regularly ignored.     In 2006, 26,500 people were held on any given day by Immigration authorities, costing $1.2 billion a year. Pending legislation proposes to add another 20,000 detention beds. A subsidiary of Halliburton has already been contracted to build temporary detention facilities. Congress should put politics aside and permit those in the U.S. without legal documents who are contributing greatly to our economy to embark on a path to legal status. As DHS Secretary Michael Chertoff recently pointed out “Right now, I've got my Border Patrol agents and my immigration agents chasing maids and landscapers. I want them to focus on drug dealers and terrorists.”
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Minor Lithuanian Twins Face Imminent Deportation	September 14, 2005 Printable version
For Immediate Release September 14, 2005 Minor Lithuanian Twins Face Imminent Deportation Aleksandr (Alex) and Svetlana (Lana) are 17 year old fraternal twins. They fled to the U.S. with their parents in 2000, when they were 11 years old. In Lithuania, they were members of a minority GROUP of Slavic Russians. In 2002, following an Interpol warrant for their parents' arrest, the twins were put INTO immigration custody and the parents detained at the Duval County Jail in Jacksonville, Florida. The parents have been ordered extradited to Lithuania and recently lost their 11th Circuit Court appeal. The twins are currently in immigration detention at the Boystown facility, in Miami. They are extremely fearful that they will be deported to a country that they have little memory of, with no one to care for them. In a letter to Congressman Kendrick Meek FROM Svetlana, she wrote: "Who do two teenagers stay [with] if there are no shelters, no foster homes to go to. I am afraid to go back to my country because I'm so Americanized. I don't know anything else but America." FIAC requested consent FROM the Department of Homeland Security for permission to take the twins' case to State Juvenile Court on the basis that they have, in effect, been abandoned by their parents. Florida Courts routinely find that U.S. citizen children are abandoned when their parents are in custody and have made no provisions for their child's care. On August 18, 2005 DHS denied FIAC's request, stating that it was not certain that the parents would be incarcerated upon return to Lithuania and therefore it was uncertain whether the children would be abandoned. According to Cheryl Little, FIAC's Executive Director, "Our government should be acting in the children's best interest, rather than gambling with their lives." Deborah Lee, the FIAC attorney representing the children, states: "Despite the numerous difficulties their parents have placed upon them, these children are trying their best to persevere. Alex and Lana are now fluent in English, they have graduated FROM high school, and have DISTINCT goals for themselves. Alex wants to be a firefighter and briefly took a volunteer firefighting class in Hialeah, Florida. Lana wants to go on to college in ORDER to study both economics and criminal justice and work to protect domestic violence victims." These children, with no parents who can care for them, seek only an opportunity to go to Juvenile Court. DHS should allow a court with the experience of determining dependency to hear their claim. Contact: Deborah Lee, Attorney, 305/573-1106, ext.1100 Mary Gundrum, Managing Attorney,      ext.1020 Cheryl Little, Executive Director,               ext.1001
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Post-9/11 Laws and Policies are Closing United States to Refugees and Immigrants Nationwide, Says Major New Report	May 6, 2005 Printable version
For Immediate Release Contacts: Cheryl Little, FIAC, 305-573-1106 x1001 Post-9/11 Laws and Policies are Closing United States to Refugees and Immigrants Nationwide, Says Major New Report Miami, FL, May 6, 2005-New policies and laws since 9/11 have prevented thousands of refugees and immigrants FROM entering the United States to seek safe haven and new opportunities, according to a major new report by the Florida Immigrant Advocacy Center (FIAC). These changes, which have an effect nationwide, have also devastated the lives and well-being of newcomers throughout the United States, particularly women and children. "Anti-immigrant measures and enforcement tested in Florida have a rippling effect nationally," says FIAC Executive Director Cheryl Little. "We see immigrants' rights threatened constantly. Individually, each new policy and/or law that the Bush administration applied with the intent of strengthening our borders, controlling the immigration flow and improving our databases is HAVING a devastating effect; collectively their force is overwhelming." Adds Kathie Klarreich, the report's co-author, "Even those familiar with immigration issues will be shocked at how profoundly misguided our current anti-terrorist policies are. The breadth and depth of their impact is ongoing and will continue until this information is disseminated and understood." The release of the report coincides with Congress's anticipated passage this week of the anti-immigrant REAL ID Act. "The REAL ID Act exemplifies wrong-headed policy that does nothing to protect the United States FROM terrorism, yet threatens legitimate refugees, wastes money better spent on effective security programs and undermines our nation's values," says Wendy Young, director of external relations, Women's Commission for Refugee Women and Children. According to FIAC's report, Securing Our Borders: Post-9/11 Scapegoating of Immigrants, these policies include: requiring many asylum seekers to wear ankle bracelets upon release; criminally prosecuting asylum seekers using false documents to enter the country; deputizing local law enforcement officers to enforce immigration law; implementing unreasonable restrictions on obtaining driver's licenses; and the prolonged detention of Haitians on the basis of "national security." Victims of these policies will participate in the press conference, including an Iraqi who spent eight months in detention at Krome before being released and eventually granted asylum. The report provides a comprehensive examination of policies and practices that affect refugees and immigrants across the country, documents how their lives have changed and offers recommendations for changes to ensure that our safety and basic civil rights remain intact. American Immigration Lawyers Association Executive Director Jeanne Butterfield has endorsed the report, as have Sens. Harry Reid and Edward Kennedy, among other national figures. "Women, children, and families who came to the United States in search of freedom and prosperity have paid a disproportionately heavy price in the search for national security," says Young. "While we all have a critical interest in ensuring our nation's safety, we must avoid adopting policies that wreak havoc on the lives of the innocent and at the same time do little to actually identify those who do wish us harm." ###
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US Government Thumbs Its Nose at International Laws	September 23, 2004 Printable version
On September 9, 2004, the U.S. Government informed the Organization of American States OAS) that it "respectfully declines" to provide the OAS bimonthly reports regarding the Haitian interdiction program, as OAS had ordered. On March 18, 2004 Florida Immigrant Advocacy Center (FIAC), along with the Harvard Law Student Advocates for Human Rights and the Harvard Immigration and Refugee Clinic filed an action before the OAS Commission on behalf of Haitian refugees who have been fleeing their country since President Jean-Bertrand Aristide was forced to leave that country in February. Since that time, the United States has been summarily removing to Haiti refugees interdicted on the high seas. On May 20, 2004 the Inter-American Commission created critical precedent in recognizing asylum claimants' right to fair hearings even when interdicted in international waters. The Commission declared this to be a fundamental right under the American Declaration. The Commission found that the American government had failed to demonstrate it was complying with those obligations. As a result, the Commission ordered that the United States provide on-going bi-monthly reports to the Commission concerning Haitians who are interdicted by the United States and who raise claims for asylum. The mandated reports were to include information respecting: "the number of individuals who have been interdicted, the number of individuals who have made refugee claims and the conditions under which those claims were made and considered, the number of claims that have been accepted and rejected and the grounds for those decisions, and the fates of the persons concerned." The Commission disagreed with the American government's assertions that conditions since the recent ouster have stabilized in Haiti such that few, if any, refugees presently are fleeing. Indeed, the Commission expressed concern "regarding reports of killings and other human rights violations in Haiti." Its concern extended to "the welfare of individuals who may face persecution as a result of these circumstances and who wish to exercise their right to seek asylum from other states." FIAC and the Harvard team have been given 60 days to respond to the government's failure to comply with the Commission's request. "At this critical time in Haiti's history, given the devastating floods and serious political instability, the US government should be doing everything it can to ensure Haitians who flee have a fair opportunity to seek protection. Instead, our government continues its unfair policies to keep Haitians out."
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FIAC is Urging Immediate Halt to Deportation of Haitians; Devastating Floods and Continued Political Instability Cited	September 20, 2004 Printable version
Miami, FL, September 20, 2004 - FIAC urges Attorney General John Ashcroft to immediately halt the deportation of Haitians in the United States and to grant them Temporary Protected Status (TPS). Recent devastating floods and landslides that have taken the lives of countless Haitians combined with continued political instability make conditions in Haiti too dangerous for their return, contends the Florida Immigrant Advocacy Center (FIAC). "Haiti's transitional government is ill-prepared to handle either the disaster or the potential return of its nationals given the serious lack of infrastructure and instability in the country," says FIAC's Executive Director Cheryl Little. "It is unconscionable for the United States to return Haitians to this situation." According to a recent report in the Miami Herald, Tropical Storm Jeanne's rains in Haiti has brought about the largest loss of life from one storm in a single country so far this hurricane season. At least 90 are dead and hundreds unaccounted for. The town of Gonaives, a major port city, is under water and at least 28 Haitians in this town alone have fallen victim to Jeanne. Interim Prime Minister Gerard Latortue has said he will declare a state of emergency. This catastrophe follows in the footsteps of the devastating storms in May, 2004 when floodwaters flattened Haiti's crops, ripped apart fragile homes and destroyed entire villages. Despite these conditions, however, Haitians continue to be regularly deported from the United States back to Haiti. Indeed, in the last few weeks, dozens of Haitian men who had been detained at the Krome Processing Center in Miami were returned to Haiti. Section 244 of the Immigration and Nationality Act permits the Attorney General to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a... flood... resulting in a substantial but temporary disruption of living conditions." "We believe that the situation in Haiti clearly warrants a TPS designation under these criteria," says Cheryl Little, executive director of FIAC. FIAC had urged Ashcroft in February and May 2004 to grant TPS to Haitian nationals living in the United States, given the natural disasters that have ravaged Haiti in recent months and the serious political crisis there. In the past, TPS has been granted to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, Salvador and Guatemala, due to political unrest in those countries. TPS was also granted to Hondurans and Nicaraguans following Hurricane Mitch. "A similar grant of TPS to Haitians would be in keeping with the reasoning that drove these prior designations," Little says. "Haitians simply should not be forced to return home when neither the political or physical conditions in Haiti are conducive to their reintegration."
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Refugee Advocates Decry Denial of Parole to 19-year-old Haitian Asylum Seeker; One of the Youngest and Longest Held	July 8, 2004 Printable version
New York, NY, July 8, 2004 - Refugee advocates deplore the denial of parole to a 19-year-old Haitian asylum seeker who has been held in detention in Miami for nearly two years and is among the youngest and longest held of the Haitian detainees. The Florida Immigrant Advocacy Center (FIAC) and the Women's Commission for Refugee Women and Children contend that the youth, David Joseph, is suitable for parole and that his prolonged detention is taking a significant toll on his mental health. "David is an ideal candidate for parole, notwithstanding the grave danger that detention poses to his health," says Wendy Young, director of external relations at the Women's Commission. "David has family sponsors, is represented by well-known and respected counsel, and has no criminal record. These factors are all in keeping with those that are cited in the routine release of asylum seekers." Barely a week after his arrival on the Florida Coast on October 29, 2002, an immigration judge ordered David released on bond to his uncle, a U.S. citizen. The government immediately appealed that decision, blocking David's release, and until February 2003, David was detained in a hotel in Miami under near isolation. On March 13, 2003, the Board of Immigration Appeals affirmed the immigration judge's decision and ordered that David be released on bond. Attorney General John Ashcroft then certified the case to himself and ruled that David was not eligible for bond, claiming that Haitians who arrive by sea are a threat to national security. FIAC's Executive Director, Cheryl Little, says that, "while we support protecting our borders against terrorist threats, there is no legitimate evidence to suggest that Haitian nationals - let alone 19-year-old David Joseph - represents such a threat." David has a very strong asylum case based on political persecution, the groups say. His case is only strengthened as political turmoil continues to engulf Haiti and as disastrous flooding in the Caribbean nation increases the likelihood that Haitians will be granted Temporary Protected Status. In early June 2004, a clinical psychologist evaluated David and found that he is suffering from severe depression and post-traumatic stress disorder. The Department of Homeland Security, however, claims that David is fine. "Preventing the release of this 19-year-old, who was still a child when first detained, will only result in causing him more damage without advancing in any way the goal of protecting national security," Little says. Young adds, "David is being held hostage to a senseless Haitian policy. It's time to show compassion and release David to the custody of his family, where he belongs." ### For more information, please contact Cheryl Little, 305. 573. 1106 x.1001 or Megan McKenna, 212. 551. 0959.
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Refugee Groups Applaud Gov. Jeb Bush’s Support of Temporary Stay for Haitians	June 18, 2004 Printable version
New York, NY, June 18, 2004 - Refugee advocacy organizations are applauding Gov. Jeb Bush's support to allow Haitians to stay temporarily in the United States. The Women's Commission for Refugee Women and Children and the Florida Immigrant Advocacy Center (FIAC) have long urged the United States to grant Haitians in the United States temporary protective status (TPS) as a result of recent devastating floods and continued political instability in the Caribbean nation.   "Gov. Bush's support is wonderful news for Haitians in the United States who fear for their lives in Haiti," says Wendy Young, director of external relations, Women's Commission. "Thousands are still struggling to survive after the horrendous flooding; to send Haitians back to such conditions is unacceptable. Many other Haitians still face political violence and persecution upon return because the provisional government has little control over the country and armed forces still roam freely."   Section 244 of the Immigration and Nationality Act allows the U.S. to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a…flood…resulting in a substantial but temporary disruption of living conditions."   TPS has been granted in the past to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, El Salvador and Guatemala due to political unrest in those countries. TPS was also given to Hondurans and Nicaraguans after Hurricane Mitch.   "There's no question that Haitians meet the criteria for TPS," says Cheryl Little, executive director, Florida Immigrant Advocacy Center. "We urge Gov. Bush to take the next step and urge his brother, President George Bush, to make this U.S. policy. It's the right thing to do. Many lives will be saved as a result."   ###   For more information or to schedule an interview, please contact Megan McKenna, 212. 551. 0959, meganm@womenscommission.org
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Human Rights Groups Urge Immediate Halt to Deportation of Haitians; Devastating Floods and Continued Political Instability Cited	May 28, 2004 Printable version
New York, NY, May 28, 2004 - Two human rights groups are urging Attorney General John Ashcroft to immediately halt the deportation of Haitians in the United States and to grant them Temporary Protected Status (TPS). Recent devastating floods and landslides that have taken the lives of countless Haitians combined with continued political instability make conditions in Haiti too dangerous for their return, contend the Florida Immigrant Advocacy Center (FIAC) and the Women's Commission for Refugee Women and Children.   "Haiti's transitional government is ill-prepared to handle either the disaster or the potential return of its nationals given the instability in the country," says FIAC's Executive Director Cheryl Little. "It is unconscionable for the United States to return Haitians to this situation."   According to a recent report by Reuters, more than 1,000 bodies were discovered in Mapou, Haiti on May 26, victims of the catastrophic floods. Haiti's death toll stood at 1,660 at last count, with several hundred people still missing. The International Committee of the Red Cross says that 15,000 people have nowhere to live. The flood waters have flattened crops, ripped apart fragile homes and destroyed entire villages.   Despite these conditions, however, Haitians continue to be regularly deported from the United States back to Haiti. Indeed, just this week, 35 Haitian men who had been detained at the Krome Processing Center in Miami and 16 female asylum seekers who had been detained at the Broward Transitional Center in South Florida were returned to Haiti.   Moreover, a number of Haitians deported in recent weeks have been jailed upon return, the vast majority of whom had no criminal histories. A number of them were told they would be released once sponsors in Haiti stepped forward to assume responsibility for them. One of these Haitians, an asylum seeker, told FIAC that her family was forced to pay $500 U.S. dollars to obtain her release from jail.   Section 244 of the Immigration and Nationality Act permits the Attorney General to designate nationals of a country for TPS if "there is an ongoing armed conflict within the state and, due to that conflict, return of nationals of that state would pose a serious threat to personal safety," or if, "there has been a... flood... resulting in a substantial but temporary disruption of living conditions."   "We believe that the situation in Haiti clearly warrants a TPS designation under these criteria," says Wendy Young, director of external relations at the Women's Commission. FIAC and the Women's Commission had urged Ashcroft in February, 2004 to grant TPS to Haitian nationals living in the United States, given the serious political crisis in Haiti.   In the past, TPS has been granted to nationals of Sudan, Liberia, Guinea-Bissau, Somalia, Burundi, Bosnia-Herzegovina, Salvador and Guatemala, due to political unrest in those countries. TPS was also granted to Hondurans and Nicaraguans following Hurricane Mitch.   "A similar grant of TPS to Haitians would be in keeping with the reasoning that drove these prior designations," Young says. "Haitians simply should not be forced to return home when neither the political or physical conditions in Haiti are conducive to their reintegration."   For more information or to arrange an interview, please contact Megan McKenna, 212. 551. 0959, or meganm@womenscommission.org.
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Press Release	May 20, 2004 Printable version
The Inter-American Commission on Human Rights has affirmed the fundamental right of all asylum seekers, including those interdicted on the high seas, to seek and receive asylum, including the right to a hearing to determine their eligibility for refugee and asylum status. The Commission issued its pronouncement today in a ground-breaking decision pursuant to the American Declaration of Human Rights. Florida Immigrant Advocacy Center (FIAC), together with the Harvard Law Student Advocates for Human Rights and the Harvard Immigration and Refugee Clinic filed the action before the Commission last March 18.   The advocacy groups' petition was filed on behalf of Haitian refugees who have been fleeing their country since President Jean-Bertrand Aristide was forced to leave that country in February. Since that time, numerous reports indicate, the United States has been summarily removing to Haiti refugees interdicted on the high seas. The Inter-American Commission's decision today created critical precedent in recognizing asylum claimants' right to fair hearings even when interdicted in international waters, and in asserting the Commission's jurisdiction over any case where violations are alleged to have been committed by any State party to the American Declaration, irrespective of whether the violating State (in this case, the United States) has ratified the American Convention on Human Rights.   Despite the "floating Berlin Wall" created by U.S. Coast Guard cutters around Haiti, refugees have continued to flee that country. In fact, in a press release dated April 27th, the Coast Guard acknowledges that 651 Haitians were interdicted and returned to Haiti. The Commission's decision is considered critical by refugee advocates in light of President Bush's comments following the February ouster that "we will return all refugees to Haiti and want to discourage all Haitian refugees from coming" to the United States.   While the United States appeared to acknowledge its asylum-related obligations in its response in the case, the Commission found that the American government had failed to demonstrate it was complying with those obligations. As a result, the Commission ordered that the United States provide on-going bi-monthly reports to the Commission concerning Haitians who are interdicted by the United States and who raise claims for asylum. The mandated reports must include information respecting: "the number of individuals who have been interdicted, the number of individuals who have made refugee claims and the conditions under which those claims were made and considered, the number of claims that have been accepted and rejected and the grounds for those decisions, and the fates of the persons concerned."   The case was unusual in that the United States, while challenging the Commission's jurisdiction, nevertheless appeared to have acknowledged its obligation to provide asylum screening interviews to interdicted Haitians. Such recognition by the United States is itself an important precedent, especially in light of the United States Supreme Court decision in Sale v. Haitian Centers Council, Inc., where the high court found that the right to apply for asylum and refoulement (non-return) protection do not apply extraterritorially. Moreover, today's decision by the Commission ordered the United States to comply with regular reporting and monitoring requirements. While claiming no abuses had taken place, the United States provided no factual support for its conclusory allegation. The Commission declared that the United States must assure that interdicted asylum seekers are receiving hearings before they are forced to return to Haiti.   Refugee and human rights scholars and advocates involved with the Commission's decision have declared it a major achievement on many fronts. Noting that the Commission found the United Status cannot escape its international obligations and oversight by international human rights bodies. "The authority to issue measures applies to all OAS member states." James Cavallero, lecturer on law, of Harvard Law School's Human Rights Program, declared, "This is a great jurisdictional victory establishing this tribunal as a key decision-maker on human rights for the Americas."   The Commission disagreed with the American government's assertions that conditions since the recent ouster have stabilized in Haiti such that few, if any, refugees presently are fleeing. Indeed, the Commission expressed concern "regarding reports of killings and other human rights violations in Haiti." Its concern extended to "the welfare of individuals who may face persecution as a result of these circumstances and who wish to exercise their right to seek asylum from other states." The Commission flatly stated that persons on the high seas have a "right to seek and receive asylum." The Commission declared this to be a fundamental right under the American Declaration. The Commission also specifically concluded that a person seeking refuge has a right to a hearing to establish whether in fact she qualifies for refugee status.   Deborah Anker, Lecturer on Law and Director of the Harvard Law School's Immigration and Refugee Clinical Program, said in response to the Commission's decision that, "Asylum seekers fleeing Haiti now have recognition of fundamental rights, the right to seek and receive asylum and the right to a hearing. It is critical that an international human rights body has clearly recognized these rights as applying extra-territorially."   Cheryl Little, executive director of FIAC, said "This welcome decision follows a series of discriminatory measures by our government which have prevented bona fide Haitian refugees from obtaining protection. The OAS has rightfully recognized current unstable conditions in Haiti and, thankfully, is holding our government accountable."
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Government Officials Manipulate National Security Challenges In Refusing to Release Haitians Granted Bonds	April 24, 2004 Printable version
WHAT: Press Conference re: Classaction Lawsuit being filed in Federal Court WHERE: 3000 Biscayne Blvd., 1st Floor, Room 106 WHEN: Thursday, April 24, 2003, 10:30 am WHO: Lawyers for the Haitians along with Haitians' family members and community leaders.   Pro bono lawyers are filing a class action lawsuit challenging the Government's continued illegal and unfair refusal to release Haitians granted bonds. Since two-hundred eleven of the Haitians who arrived in Key Biscayne, Florida on October 29, 2002 made it to dry land on their own, they had the right to request a bond. Indeed, the majority of Haitians who arrived last October were granted bonds by an immigration judge. The now defunct INS appealed the judge's decisions, arguing that the Haitians represent a threat to national security because Haiti could be a staging point for terrorists to invade our shores.   In a significant victory for the Haitians, the Justice Department's Board of Immigration Appeals, the highest immigration appeallate body, upheld a grant of bond to an 18-year-old Haitian, David Joseph, who has been imprisoned since his arrival on October 29, 2002. The Board found that U.S. law requires an individualized determination of release, thus calling into question the legitimacy of the Administration's decision to detain virtually all the Haitians who arrived last year. The Board's decision opened the door to the release of dozens of Haitians who had been granted bonds by the immigration courts.   On March 20, 2003 the Department of Homeland Security (DHS) urged Attorney General John Ashcroft to block the release of David Joseph and all other Haitian asylum seekers granted a bond since October 2002, for national security reasons. This unprecedented step marks the latest in a series of restrictive measures initiated by the Bush Administration to prevent and deter the arrival of Haitian refugees in the United States, despite the rapidly deteriorating human rights situation in that country.   The Administration is manipulating our very serious national security concerns to justify restrictive actions targeting nationals of Haiti -- a country that never once has been cited as posing a threat to the safety of the American people.
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OAS TO INVESTIGATE INTERDICTION & FORCED RETURN OF HAITIAN REFUGEES	March 25, 2004 Printable version
The Inter-American Commission on Human Rights, the main human rights body of the Organization of American States, will investigate the interdiction and forced return of Haitian refugees by the United States. The Commission's investigation is the result of a request filed by Florida Immigrant Advocacy Center ("FIAC"), Harvard Immigration and Refugee Clinic, and Harvard Law Student Advocates for Human Rights. In a letter dated March 22, 2004, the Commission informed the petitioners that it had requested the United States to provide information within seven days including "the present circumstances surrounding the interdiction of Haitian boat people, including the number of persons who are being interdicted and returned to Haiti and the methods used by the United States to do so, as well as the United States' present practice in affording Haitian interdictees the right to seek and receive asylum before they are returned to Haiti." According to James Cavallaro, Associate Director of the Human Rights Program at Harvard Law School, "Should the Commission find that Haitian refugees are at risk of irreparable harm on their return to Haiti, it could order the US government to halt its policy of interdiction and repatriation immediately." The on-going political crisis in Haiti, which began last month and led to President Jean-Bertrand Aristide's February 29, 2004 departure, has forced many Haitian men, women and children to flee the ensuing violence by boat. FIAC Executive Director Cheryl Little explained, "There is effectively no mechanism in place for screening Haitian asylum seekers apprehended by the US Coast Guard. This despite the fact that every Cuban who is interdicted receives instructions and an asylum screening interview, and every interdicted Chinese national is given a questionnaire in his/her native language to complete and then may be screened." Deborah Anker, Director of Harvard's Immigration and Refugee Clinic added, "It is critical that the international community makes a determination on this policy. Refugee protection is fundamental to human rights around the globe - it is not a matter of only domestic law and politics." Wendy Young, Director of External Relations with the Women's Commission, observed, "The Bush Administration has applied a Haitian-only mandatory detention policy as part of its systematic effort to deter and prevent the arrival of Haitian refugees. This policy is arbitrary and unfair. We are asking the UN to hold the United States accountable to international standards that forbid such discriminatory policies." For further information, please contact: ·Cheryl Little, Florida Immigrant Advocacy Center (FIAC): (305) 573-1106, ext. 1001 ·Debbie Anker, Harvard Immigration and Refugee Clinic: (617) 584-2974 ·James Cavallaro, Harvard Law Student Advocates for Human Rights: (617) 669-8606 ·Wendy Young, Women's Commission for Refugee Women and Children: (703) 560-2618 ·Chris Nugent, Holland & Knight: (202) 419-2428
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FIAC URGES US OFFICIALS NOT TO REPATRIATE HAITIANS ABOARD COAST GUARD CUTTERS AND REQUESTS ACCESS TO HAITIANS	February 26, 2004 Printable version
The U.S. Coast Guard has just confirmed to Florida Immigrant Advocacy Center (FIAC) that there are approximately 500 Haitians aboard Coast Guard cutters. No additional information was provided. Yesterday, President Bush announced that he had "made it abundantly clear to the Coast Guard that we will turn back any refugee that attempts to reach our shore." According to FIAC's Executive Director Cheryl Little, "Such a statement flies in the face of international law. It is ironic that at the same time we are urging US citizens to leave Haiti, our President is insisting on forcibly repatriating Haitians who desperately need protection. Given the current political crisis in Haiti, we could be returning people to their death." On February 21 the U.S. State Department concluded that "the security situation in Haiti has deteriorated to unsafe levels… Groups opposed to the government have mounted demonstrations and attacked government facilities around the country, and pro-government groups have counter-attacked." Haitians truly in fear for their lives have nowhere to go. Since December 2001, Haitian asylum seekers have been subject to a series of discriminatory measures which create an almost insurmountable barrier that prevents bona fide Haitian refugees FROM obtaining protection. This has included interdiction of Haitian boats both on the high seas and within the territorial waters of the United States. Those who are interdicted have been summarily returned with no screening of their asylum claims unless a person proactively expresses a fear of return, a procedure that the State Department itself has deemed "the shout test." It is also a process that offers significantly less protection than that used to identify interdicted Cubans and Chinese in need of protection. Those few individuals who pass the shout test and are provided with offshore refugee status determinations have been resettled to third countries rather than to the United Sates, including to countries as far away as Australia. For Haitians who can afford to fly to the United States, the United States has begun to pre-screen Haitian travel documents at the Port-au-Prince airport, a process normally reserved for countries with established refugee procedures. The U.S. has even sent arms to the Dominican Republic to help seal its border with Haiti, which was completely closed last week. FIAC is requesting immediate access to the Haitians aboard Coast Guard cutters and demanding that they not be repatriated. Ms. Little concluded, "It is unconscionable that the world's greatest democracy is not doing more to welcome refugees FROM a tiny neighbor that is teetering on the edge of political chaos. It is time for the discriminatory policies of interdiction and forced return to end and for full protections for Haitian refugees to be restored, before more innocent lives are lost."
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Women’s Commission for Refugee Women and Children and Florida Immigrant Advocacy Center Call Upon Bush Administration to Protect Haitian Refugees	February 9, 2004 Printable version
February 9, 2004-As the political situation in Haiti deteriorates, the Women's Commission for Refugee Women and Children and the Florida Immigrant Advocacy Center have joined together to urge the Bush Administration to restore refugee protection for Haitian asylum seekers who flee their homeland to escape the growing civil unrest and rampant human rights abuses in their homeland.   "If past history repeats itself, Haitians will turn to the United States for shelter when their own government fails to protect them," observed Wendy Young, Director of External Relations at the Women's Commission. "It is essential that the Bush Administration immediately reverse the numerous measures it has implemented to deter and prevent Haitians from reaching our shores to ensure that they are not forcibly returned to face further persecution."   Since 2002, the Bush Administration has systematically implemented a comprehensive policy to deter and prevent the arrival of Haitians on U.S. shores. This has included interdiction of Haitian boats on the high seas and in the territorial waters of the U.S. with little to no screening of passengers' potential asylum claims; resettlement to third countries as far away as Australia of those few Haitians provided screening and deemed refugees; prolonged and arbitrary detention of Haitians who are able to make it to the United States; criminal prosecution of some Haitians who use false documents to enter the United States, a punitive measure that disregards the reality that refugees often have to resort to the use of false documents to escape persecution; and fast-tracked asylum adjudications in hearings as short as 30 minutes, including time for translation.   Cheryl Little, Executive Director of FIAC, observed, "The U.S. response to Haitians is nothing short of discriminatory. It is unconscionable that the world's greatest democracy is not doing more to welcome refugees from a tiny neighbor that is again teetering on the edge of political chaos."   FIAC is a not-for-profit legal services agency founded in 1995 to protect and promote the basic human rights of immigrants of all nationalities in Florida. The Women's Commission, with offices in New York and Washington, DC, works to improve the lives and defend the rights of refugee and internally displaced women and children through a vigorous program of public education and advocacy and by acting as a technical resource.   For further information, please contact:   Cheryl Little, FIAC, phone: (305) 573-1106 Wendy Young, Women's Commission, phone: (703) 560-2621
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A BITTERSWEET WEEK FOR HAITIAN CHILDREN: ONE GIRL FINALLY FREED AFTER 14 MONTHS IN CUSTODY, WHILE A BOY REMAINS IN VIRTUAL ISOLATION IN A MIAMI HOTEL	January 8, 2004 Printable version
Florida Immigrant Advocacy Center (FIAC) welcomes the January 6, 2004 release of Rose Thermitus, a 17-year-old Haitian girl who spent more than 14 months in immigration detention before she was released to a relative in New York. Rose arrived in the United States by boat along with 210 other Haitian asylum seekers on October 29, 2002. She fled Haiti with her brother after her home was burned and her parents went into hiding. Rose's parents haven't been heard from since and are presumed dead. Rose's brother was deported several months ago and has not been heard from since. So while we are grateful that Rose has finally been freed, another child who arrived with Rose last October remains detained in Miami. Even though an immigration judge granted 16-year old Ernso Joseph asylum in January 2003, the Department of Homeland Security (DHS) appealed the judge's decision and kept him in detention. Ernso was only released to a loving uncle in South Florida on June 12, 2003 after he was diagnosed with Post Traumatic Stress Disorder, clinical anxiety and extreme depression by both a government and an independent trauma specialist. Sadly, a few months later, the Board of Immigration Appeals (BIA) reversed the judge's decision and DHS issued him a "bag and baggage" letter to appear for deportation on October 2, 2003. Ernso reported for deportation on October 2 and was re-detained by DHS. As an orphan in Haiti, Ernso has understandably never been sure of his true date of birth. However, DHS officials decided he was 18 shortly after he arrived, relying primarily on a dental test, and locked him up with adults at the Krome detention center. In October 2003, his attorneys submitted authenticated official Haitian documents showing Ernso to be 16-years-old, and establishing his eligibility for a Special Immigrant Juvenile Status (SIJS) visa as an abused, abandoned or neglected child in whose best interest it is not to be returned to Haiti. While DHS has granted Ernso an indefinite stay of deportation, Ernso remains in legal limbo. For the past three months he has been a virtual prisoner in his motel room and his mental health is rapidly deteriorating. Ernso told FIAC, "[A]ll I do is think all day… And that hurts me, so I just try to go to bed to sleep so I can forget what's happening to me… [But] I keep thinking about what my life will be like if I'm sent back to Haiti. I don't know how I'll survive there, only God knows." Since October 2003 DHS has had in its possession ample evidence to conclude that Ernso is a 16-year old orphan, but have failed to do so. Instead, they have subjected him to additional forensic bone and dental examinations to determine his age, even though such tests are considered inherently unreliable by the scientific community and are considered racially biased by some because they are based on Caucasian models. Despite this, the results of these examinations do not contradict Ernso's claim to be a minor. The immigration judge who heard detailed testimony in Ernso's case concluded that if returned to Haiti, Ernso would likely face a harsh and cruel future and could be physically abused or even killed - as many street children in Haiti are. Human rights organizations and even the U.S. State Department have been alarmed by the escalating political violence currently sweeping Haiti. Yet young Ernso has just spent his second Christmas and New Years in the U.S., locked up and alone, at U.S. taxpayers' expense. FIAC Executive Director Cheryl Little said, "No innocent child should have to suffer as Rose and Ernso have. They were not only traumatized in Haiti but traumatized again as a result of U.S. policy which singles the Haitians out for special discriminatory treatment for 'national security' purposes." We are robbing children like Rose and Ernso of some of the most precious time in their lives. We call upon DHS to act in Ernso's best interest and immediately release him."
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LEGAL SERVICES ADVOCATES AND CONGRESSWOMAN ILEANA ROS-LEHTINEN HAIL NEW IMMIGRATION POLICY THAT PERMITS MANY DISABLED RESIDENTS TO BECOME U.S. CITIZENS	November 12, 2003 Printable version
Miami, Florida, November 12, 2003. Today advocates for disabled immigrants and Congresswoman Illeana Ros-Lehtinen praised a new policy issued by the Bureau of Citizenship and Immigration Services (ABCIS@) which implements a 2000 law that allows disabled long-term U.S. residents to become naturalized citizens. Standing with some of their soon to be naturalized clients, advocates from Legal Services of Greater Miami, Florida Legal Services and the Florida Immigrant Advocacy Center stated, Awe are enormously pleased with this new policy which provides a process for residents who are unable to take the oath of allegiance due to their disabilities to become citizens.@   The groups filed a federal lawsuit earlier this year against the Bureau of Citizenship and Immigration Services on behalf of Marie Ange Jean Baptiste, claiming that the prior immigration policy which required that every naturalization applicant be able to take the oath of allegiance violated the 2000 law and discriminated against disabled applicants. Ms. Jean Baptiste, whose disabilities prevented her from speaking, had been deprived of United States citizenship for many years. After the lawsuit was filed, the BCIS issued the new policy, which provides a procedure for waiving the oath ceremony upon the request of disabled applicants. In addition to changing its policy, the BCIS also began processing the many disabled naturalization applicants, who like Ms. Jean-Baptiste, had waited for years to obtain their dream of becoming American citizens. It is estimated that hundreds of naturalization applications from disabled residents who cannot take the oath are now being processed in the Miami office of the BCIS.after these residents have endured years of uncertainty. One such applicant, Jorge Luis Antigua, has already waited six years for a final decision on his naturalization application and he is still waiting. We urge DHS to take action quickly. Mr. Antigua suffers from traumatic brain injury and was unable to take the oath. AWe are so grateful that he can become a citizen now,@ said his mother Migdalia Antigua.   The advocacy groups and the new citizens were joined by Congresswoman Illeana Ros-Lehtinen, who had sponsored the 2000 legislation and had repeatedly urged the Justice Department to implement the 2000 law.
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FIAC Praises Bipartisan Agricultural Workers Bill	September 23, 2003 Printable version
For more information: Cheryl Little, Esq. 305/573-1106, ext. 1001
Earlier today, an historic bipartisan farmworker bill, the "Agricultural Job Opportunity Benefits and Security Act," was introduced in D.C.. The bill is supported by both United Farm Workers and agricultural employers. It provides earned adjustment of status for undocumented workers who have already proven their worth in this country. FIAC has offices in Immokalee and Ft. Pierce, and represents a large number of farmworkers residing there. "Our hope is that 100,000 agricultural workers in Florida will finally have the opportunity to come out of the shadows and lead a normal life" said Cheryl Little, FIAC's Executive Director. "Ideally, it will also serve as an important step toward more comprehensive immigration reform." Immigrant andvocates have been pushing for this bipartisen bill since 1996. Following passage of the farmworker bill in 1986, conditions for farmworkers actually deteriorted. Recent articles in The Miami Herald paint a dismal picture of the lives of farmworkers in Florida today. According to the Herald, most farmworkers earn less than poverty pay and many in Florida have been victims of criminal abuse and subject to slavery. Recent credible reports document the extent to which our current and future workforce depends on immigrant workers. Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), along with Representatives Chris Cannon (R-VT) and Howard Berman (D-CA) led the bipartisn effort that experts estimate could lead to the legalization of up to half a million agricultural workers.
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MARIE JEAN-BAPTISTE: HAITIAN WOMAN CHALLENGES DISCRIMINATION IN STRUGGLE TO BECOME US CITIZEN	April 28, 2003 Printable version
Marie Jean-Baptiste filed suit in federal court today challenging the discriminatory treatment she has faced in her long struggle to become a U.S. citizen. This case is the first in the country challenging the Justice Department's failure to implement a 2000 Law that requires accommodations for the disabled in the naturalization process. Marie was born in Haiti and has lived lawfully in the United States since 1969. She is now the 57-year-old mother of six and grandmother of two and resides with her husband, a US citizen, in Miami. Marie suffers from a severe mental disability which prevents her from speaking. Even though Marie meets all the requirements to become a US citizen, she is unable to take the oath of allegiance. The Bureau of Citizenship and Immigration Services (BCIS) and the Attorney General have refused to accommodate Marie's disability by waiving the oath of allegiance. Attorneys at Florida Legal Services, Legal Services of Greater Miami and the Florida Immigrant Advocacy Center are representing Marie in her federal court challenge.   Marie's husband proudly became a U.S. citizen in 1983, an accomplishment which two of her Haitian born children have followed. Marie also had three children born in the U.S. However, Marie has been unable to become a U.S. citizen in the country she has made her own. Marie has struggled to become a US citizen for more than two decades. She enrolled in citizenship classes in the early 1980s but when her condition worsened, she was no longer able to work and she was unable to complete the naturalization process without an accommodation from INS. Marie's mental health continued to deteriorate. She stopped speaking about thirteen years ago and has not spoken to anyone since.   In May 2001, Marie again filed an application for citizenship. She had an initial interview in February 2002. At that time, INS approved her request for a medical waiver because her condition made it impossible for her to pass the history and civics examination or to establish that she knows English. However, when Marie requested a waiver for the requirement that she take the oath, the government told her Legal Services of Greater Miami attorney, Hilda Cenecharles, that it put her case on Ahold@ because it had not implemented the 2000 law. More than a year has passed and no decision has been made on Marie's request for citizenship. On November 6, 2000, Congress passed a law which allows otherwise qualified, deserving immigrants like Marie who are unable to take the oath due to a disability to become citizens without taking the oath. Under the law, the Attorney General can waive the oath requirement for a person with a disability. AWhat Congress did in 2000 was officially recognize that the anti-discrimination provisions of the pre-existing 1973 Rehabilitation Act applied to immigration the same as every other federal agency,@ stated JoNel Newman of Florida Legal Services, another of Ms. Jean-Baptiste's attorneys. ADiscrimination against the persons with disabilities by federal agencies has been illegal for thirty years; it's past time for immigration to recognize that and comply with the law.@ Immigration law also requires that naturalization decisions be made within 120 days.   Therefore, Marie is challenging her discriminatory treatment by BCIS and the Attorney General, which violate the following provisions of the law:   -The Rehabilitation Act, which prohibits discrimination against persons with disabilities; -The Immigration and Nationality Act, which allows a waiver of the oath for persons with disabilities and whose regulations require action on an application for citizenship within 120 days of the initial examination.   Marie is requesting the federal court to declare that the failure to waive the oath requirement violates her right to be free from discrimination, and asks the court to either grant her request for citizenship or to order government officials to grant it, since she clearly meets all requirements.
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President Obama: Grant TPS for Haitians Now!	January 13, 2010 Printable version
News Release
Contacts:       Cheryl Little: 305-573-1106 x1001, 305-905-2204, clittle@fiacfla.org       Susana Barciela: 305-573-1106 x1710, 305-301-9762, sbarciela@fiacfla.org President Obama: Grant TPS for Haitians Now (Miami, January 13, 2009) – In the wake of yesterday’s devastating earthquake in Haiti, it is more urgent than ever for the U.S. government to grant Temporary Protected Status (TPS) to undocumented Haitians in this country. While the extent of the damage is still being tallied, this clearly is a major catastrophe. We appreciate that Immigration and Customs Enforcement has halted all deportations to Haiti. Now it’s time to provide immigration relief so Haitians here can help Haiti recover from yet another natural disaster. Granting TPS to Haitians here would allow some 30,000 Haitians to work legally and send remittances to loved ones in Haiti. These remittances are a vital lifeline, particularly in times of disaster. The money goes directly to Haitians on the island, encouraging them to stay and rebuild their country. TPS would, thus, discourage Haitians from attempting dangerous sea voyages to get to the United States. “Our heartfelt condolences go out to every Haitian who has suffered a loss,” said Cheryl Little, executive director of the Florida Immigrant Advocacy Center (FIAC). “We ask President Obama to immediately grant TPS as part of U.S. efforts to aid Haiti and Haitians who are suffering. To do less is unacceptable.” Haiti has been hit by multiple natural disasters in recent years. In 2004, floods left more than 5,000 people dead or missing. In 2008, four killer storms left 800 people dead, more than a million homeless and wiped out 15 percent of Haiti’s Gross Domestic Product. Last month, Little and other advocates discussed TPS with high-level officials from the White House Domestic Policy Council, National Security Council and Department of Homeland Security. While the meetings were encouraging, repeated calls for the U.S. government to grant TPS to Haitians have been fruitless. If not now, when? News Conference Tomorrow: What:Discuss renewed calls for Haitian TPS in the aftermath of the earthquake Who: Cheryl Little, FIAC executive director            Edwidge Danticat, celebrated author and winner of a MacArthur Fellow “genius grant”            Randy McGrorty, Catholic Charities Legal Services executive director            Haitian family members When: Thursday, January 14, 2010, 2:00 pm Where: Florida Immigrant Advocacy Center, 3000 Biscayne Blvd., Miami Fla., 33137 –                 First floor conference room About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit immigration law firms. Since its founding in 1996, FIAC has closed more than 65,000 cases. This direct service work informs its broader policy work, positioning FIAC as a powerful national advocate for immigrants’ rights and a leader in the immigration field. FIAC influences national policy; successfully litigates or otherwise challenges patterns of abuse; and takes a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is dedicated to protecting and promoting the basic rights of immigrants. *****
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Immigrant Access to Driver's Licenses In Jeopardy; Miami-Dade County Supports Access	February 2, 2005 Printable version
Business and Community Groups Agree, Immigrant Restrictions are Bad for Florida
For Immediate Release: Wednesday, February 2, 2005 IMMIGRANT ACCESS TO DRIVER'S LICENSES IN JEOPARDY; MIAMI-DADE COUNTY SUPPORTS ACCESS Business and Community Groups Agree, Immigrant Restrictions are Bad for Florida Contact: Cheryl Little, Florida Immigrant Advocacy Center, 305-573-1106 x1001 Jonathan Fried, WeCount!, 305-247-9693 or 305-785-2690 Tyler Moran, National Immigration Law Center, 208-724-2142 (national context) Richard Estrella, Vice President, Estrella Insurance, 305-443-2829 On Tuesday, February 1, 2005 the Miami-Dade County Commission unanimously passed a resolution in support of undocumented immigrant access to driver's licenses. The resolution was introduced by Commissioner Katy Sorenson and co-sponsored by Commissioners Bruno Barreiro and Jose "Pepe" Diaz. It comes at a time when Congress is considering nationwide standards on driver's licenses that would restrict the states' ability to expand immigrant access to driver's licenses. "We're encouraged that Miami-Dade County elected officials recognize the need for undocumented immigrants to obtain Driver's Licenses. Even Governor Bush has recognized that a driver's license is the one document immigrants need to be able to function," said Cheryl Little, Executive Director of Florida Immigrant Advocacy Center. Florida currently disallows undocumented immigrants FROM obtaining driver's licenses. Two South Florida lawmakers, Sen. Rudy Garcia and Rep. Gustavo Barreiro, plan to introduce legislation during the upcoming legislative session in Tallahassee allowing many undocumented immigrants to obtain driver's licenses. However, the "Real ID Act" (H.R. 418), recently filed in Congress by House Judiciary Committee Chairman James Sensenbrenner, would bar Florida and other states FROM making this change. "The resolution demonstrates that the County understands that hard-working immigrants contribute to our society and want to play by the rules. Limiting access to driver's licenses hurts public safety, increases the number of untrained and uninsured drivers on the road, and raises insurance rates," says Jonathan Fried, an organizer FROM WeCount!, a Homestead area community group. Rick Estrella, Vice President of Estrella Insurance, an insurance company with over 40 agencies in Florida says that his business is hurt by current rules barring many immigrants FROM getting licenses. "But that's not the point," he states. Although many of the restrictions on driver's licenses for immigrants were put in place after the September 11 attacks, "Let's be honest. They were Islamic extremists [who committed the 9-11 attacks], they weren't Mexican immigrants who are working in the fields in Homestead and putting food on our tables. These are the people who are getting hurt." "They speak about security, but how will [the government] know where we live, at what address, in what state, if we can't get the IDs we had in previous years?" says José Delgado, a Mexican farm worker and community leader who has lived in the U.S. for over 18 years but has been unable to obtain legal immigration status. "And what is the government thinking when it makes it impossible for us to buy car insurance? If I cause an accident, how am I going to pay? If I have a great need to drive, it's only because I have to work," Delgado adds. "Restricting driver's Licenses reduces knowledge about people living in our community and makes us less safe. As the 9-11 Commission noted, It was easier to track the terrorists because they had licenses," said Cheryl Little.
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